Combined 37 years in jail for Chabodo, MwatutsaTHE Chigodora duo that slept with a mental patient on several occasions has been sentenced to 20 and 17 years jail terms respectively.
First to be convicted and sentenced was Joshua Chabodo (48), who was sentenced to 20 years imprisonment, while Freddy Mwatutsa (46) was sentenced to 17 years.
At law, the woman is incapable of consenting to sex due to her mental status.
Chabodo and Mwatutsa recently made headlines for bedding a mentally-challenged married woman, and were hauled before the courts facing rape charges as defined in Section 65 (1) as read with Section 64 (3) of the Criminal Law (Codification and Reform) Act, Chapter 9:23.
The two abused the 22-year-old woman on different occasions, and the case was first brought before Headman Chigodora where they publicly admitted to the crime.
Videos of the duo’s community court appearance went viral on social media platforms.
Mutare regional magistrate, Ms Pathekhile Msipa presided over the matter, while Mr Lust Goredema appeared for the State.
The complainant’s husband, whose name was withheld to protect her identity, testified in court although his statements were incoherent due to the fact that he has memory loss, has a mild hearing loss and is also mentally-challenged.
The Manica Post also established that the complaint and her husband were in an arranged marriage set-up that was facilitated by the man’s sisters.
Ms Msipa said the couple’s mental status aggravated Chabodo and Mwatutsa’s cases.
Mr Goredema said sometime in April on an unknown date, the woman and her husband were at their homestead in Chikara Village when Chabodo arrived and showed her some pornographic videos on his cellphone.
He later left.
Chabodo later returned to the woman’s homestead that evening and sneaked into her bedroom as she was sleeping with her husband who is believed to have been drunk.
Mr Goredema said Chabodo asked the woman if they could do what he had shown her on his cellphone in the afternoon and she agreed.
“Chabodo had unprotected sex with the victim several times that night while her husband was sleeping next to them.
“The matter came to light the following morning when the husband’s sister saw Chabodo sneaking out of the couple’s bedroom.
‘‘She asked her sister-in-law what had transpired and the victim disclosed everything,” said Mr Goredema.
Chabodo, who is the couple’s neighbour, went on to sexually abuse the woman on numerous occasions in a nearby bush.
Moving on to Mwatutsa’s case, the State said sometime in April, the accused visited the woman who was alone at home and asked her to accompany him to his homestead to collect some cabbages.
The woman reportedly agreed.
It is said before reaching the homestead, Mwatutsa asked the woman to accompany him to a nearby bush and she agreed.
“While in the bush, Mwatutsa asked to be intimate with the woman and she agreed. After the act, Mwatutsa took her to his homestead and gave her some carrots and cabbages and she returned to her homestead,” said Mr Goredema
Mwatutsa continued to sexually abuse the woman without any protection. – Manica Post
