A 13-year old HIV positive boy has escaped jail for raping five primary school girls after a magistrate gave him suspended sentence on account of his failing health.
The boy, who hails from Kwirirai Village in Zvishavane, Zimbabwe, the local press says, cannot be named for professional reasons. He is reported to be on Anti-Retroviral Viral (ARV) treatment and appeared before regional magistrate, Morgan Nemadire, facing a five- counts charge of rape.
In passing sentence, the magistrate said he would have wanted the boy to be flogged with a cane, but considered his failing health before slapping him with a wholly suspended five-year jail term.
The girls were medically examined and none of them was found to be infected with any sexually transmitted diseases, including HIV.
Prosecutors told the court that sometime in January this year, the teenager saw the girls coming from Kandodo Primary School in Kwirirai Village, Zvishavane, and called out to them.
“The accused person ordered the pupils to sit down. He then undressed the first victim and raped her once while her classmates watched.
“The accused then raped the other four pupils – one after the other – and, once done, he ordered them to go home,” a prosecutor told the court.
One of the victims reported the attack to her parents but they did not believe her story.
Another victim suffered some pain in her private part and reported to her mother, who then examined her.
“The mother noticed that she had been sexually abused. She made a report to the village head who then reported the rape to the police. This led to the arrest,” the prosecutor added.