A 45-YEAR-OLD Zambian man convicted of the sexual assault of a toddler was sentenced to two years' imprisonment on Wednesday.
Simataa Sinvula, who was a cattle herder in the Musanga area of the Zambezi region when he sexually assaulted a three-year-old boy on 13 June last year, was sentenced in the Katima Mulilo Regional Court on a charge of indecent assault.
It was alleged that the toddler, who was in the care of his grandfather on the day of the incident, complained to his mother later about his private parts being sore while she was bathing him. When his mother asked him what had happened, he told her that Sinvula had done “stupid things” to him in the bush.
The boy's grandfather, who was Sinvula's employer, confronted him about what the boy had said. Sinvula admitted guilt, and confessed that he had raped the boy. The police were called, and he was arrested.
Sinvula was initially charged with rape, but due to insufficient evidence, that charge was altered to a count of indecent assault.
He was also facing a second count of illegally entering Namibia, on which he was sentenced to five months' imprisonment. He will serve his sentences consecutively.
Magistrate Bongani Ndlovu explained in his judgement that there was no medical or other acceptable evidence suggesting that sexual penetration had taken place. The magistrate said Sinvula had nonetheless been convicted of a very serious offence involving a minor.
“It is thus an aggravated indecent assault, based on the facts of the case,” he stated.
In mitigation, the court was told that Sinvula was a first-time offender, that he had already spent eight months in custody, was remorseful and had pleaded guilty.
The state was represented by Jatiel Mudamburi. Sinvula was represented by Hope Ngara from the Directorate of Legal Aid.
Two years for indecent assault on toddler 2017-02-24 Lugeretzia KooperTweet
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