A 13-year-old boy from Plumtree, Matabeleland South, who was sentenced to 15 years in prison for aggravated indecent assault, has been released on bail from Bulawayo Prison.
He was released yesterday after bail pending review was granted in Plumtree by Regional Magistrate Lungile Ncube. The child was released into the custody of his mother.
His lawyer, Stanley Chinyanganya, confirmed the development.
“We are coming from Bulawayo Prison, and the boy is now with his mother and has gone home,” said Chinyanganya.
He added that they have filed an application for a review at the High Court and are awaiting a hearing date.
“The case is not going back to Plumtree. In Plumtree, he was convicted,” said Chinyanganya.
The boy’s mother shared her concerns with CITE, revealing that he is deeply traumatised by the experience.
“He is not okay; he is seriously traumatised. When we took him yesterday, he cried throughout. He doesn’t want anything, and when relatives try to speak to him on the phone, he cries.”
She added that her son even pleaded for the clothes he was wearing to be burned. “I am taking him to a social worker,” she said, expressing fears that her son may be mentally disturbed.
The mother also mentioned that during a family day at the prison yesterday, her son’s aunt visited him while she attended the court case in Plumtree. She was informed that a Minister who was present during the family day had noted the boy’s distress and discussed it with the aunt.
“When the aunt asked him if he would be okay if we didn’t take him yesterday, he said he would be, as he was now used to the place,” the mother added.
According to the pre-sentencing inquiry, the minor stated that he saw inappropriate material (pornography) on a peer’s phone, and the person told him that people were “playing,” so he thought of practising what he had seen on a seven-year-old, leading to his arrest and subsequent sentencing to 15 years in prison.
In passing judgment, the Magistrate stated that the penalty provision for aggravated indecent assault is five years if committed in mitigatory circumstances, but if committed in aggravating circumstances, the penalty provision carries a minimum mandatory sentence of 15 years.
“No exceptions are given to juveniles, which means that these juveniles also fall into the same category. When it comes to sentencing, they are included in the term ‘any person’ who commits an offence and must be sentenced in that manner.
“What makes this offence aggravating is the age of the victim. If the victim is a child, that factor alone places the offence in the category of aggravated circumstances, requiring a sentence of no less than 15 years,” read the court papers.
