A 21-year-old HIV positive Chitungwiza man, who infected his 14-year-old girlfriend with a sexual transmitted disease, was yesterday sentenced to 10 years in prison. Chrispen Madondo of no-fixed abode was facing rape charges when he appeared before Chitungwiza regional magistrate, Ms Estere Chivasa. He denied the charges and was later found guilty of sleeping with a young person.
However, the court invoked Section (80) which states that “Where accused is infected with HIV, a person is convicted of rape or aggravated indecent assault or sexual intercourse or performing an indecent act with a young person, involving penetration of any part of his or her or another person’s body that include transmission of HIV.
“And if it is proved that, at the time of the commission of the crime, the convicted person was infected with HIV, whether he or she was aware of his or infection, he or she shall be sentenced to imprisonment for a period of less than 10 year,” reads part of the section.
The prosecutor Mr Lovet Muringwa proved that on November 3 this year, the girl left home (Epworth) and went to Mbare to meet her friend after being promised a job as a maid. She slept in Mupedzanhamo flea market after failing to locate her friend and met Madondo.
Madondo proposed love to her and she agreed. He later persuaded her to accompany him to Chitungwiza on the pretext that he wanted to see his mother. They arrived during the night and slept together inside a parked vehicle at a car park opposite St Mary’s Clinic.
This was the time Madondo had sex with the minor. After the act, he took her to Waterfalls in Harare at an unknown address where they started cohabiting. The matter came to light on November 21 after the girl’s uncle located her and took her to her mother.
She had difficulties in walking and her mother interviewed her and she narrated her ordeal.