Hubby beats wife for refusing to have sex with him

Judge Mallet; Hammer
Judge Mallet; Hammer

The Choma Magistrate’s Court has slapped a two-year jail term on a man who beat his wife for refusing to have sex with him after he accused her of infecting him with syphilis.
In this case, Hamweene Top Simanhwa, 49, a farmer of Kachenje Primary School area in Choma, was sentenced to two years with hard labour after he was found guilty of assault.
Particulars of the offence are that on unknown dates but in March this year in Choma, Simanhwa allegedly assaulted Mary Chiyabi and occasioned her actual bodily harm.



During plea, Simanhwa admitted the charge saying: “Yes, I admit the charge, I beat her using a stick because I wanted to establish where the syphilis I had came from,” Simanhwa said.
Facts before magistrate Mbololwa Mukela were that in February this year, in Choma, Ms Chiyabi was in Kachenje village when Simanhwa, her husband, informed her that he had fallen ill and went to Mangunza Clinic, where he was diagnosed and treated for syphilis.
Simanhwa accused Ms Chiyabi of infecting him with the sexually transmitted infection and chased her from their matrimonial home.



The following month, Simanhwa followed Ms Chiyabi to her parents’ house and took her back to their home, where he demanded to make love to her, but she refused.
Incensed by the refusal, Simanhwa got a whip and started beating his wife until she got injured.
The matter was reported to Macha police and Simanhwa was apprehended and later charged for assault.
In mitigation, Simanhwa asked the court to be lenient on him by not sending him to jail because his nine children would suffer.
But Ms Mukela said though Simanhwa deserved leniency, she would send him to prison so that he could learn not to live like an animal.