High Court Overturns 15-Year Jail Term for Woman Convicted of Raping Mentally Challenged Man

A Zimbabwean woman who was sentenced to 15 years in prison for raping a mentally-challenged man has had her sentence reduced by the High Court after it found that the trial court used a law that was not yet in effect when the offences took place.

Sitheni Masina had been convicted on two counts of aggravated indecent assault. She appealed both her conviction and the sentence, arguing that the magistrate relied on the Criminal Law (Codification and Reform) Amendment Act No. 10 of 2023, which only came into force on 14 July 2023. Her offences occurred between 1 January and 9 June 2023, prior to the amendment’s enactment.

Justice Munamato Mutevedzi, who presided over the appeal, agreed with Masina’s argument. He ruled that the trial court had wrongly applied the amended law, which introduced mandatory minimum sentences for rape and aggravated indecent assault. As the law has no retrospective effect, it could not be used to determine Masina’s sentence.

The judge stated that before the amendment, courts had discretion to consider mitigating factors in sentencing, particularly for first-time offenders. Taking this into account, the High Court reduced Masina’s sentence to seven years in prison, with three years suspended for five years on condition she does not commit another sexual offence during that period.

Justice Mutevedzi also acknowledged Masina’s status as a first-time offender and mother of three minor children, noting these as significant mitigating circumstances. While her conviction still stands, the time she has already served will be credited toward her revised sentence.