An HIV-positive man who sodomised a 17-year-old boy after luring him into his tuckshop was sentenced to 15 years in jail by a Chitungwiza magistrate last week. Prosecutor Mr Loveti Muringwa told the court that cases of sodomy were on the increase in Chitungwiza. Maxwell Chisvo (28) pleaded not guilty to aggravated indecent assault before magistrate Ms Estere Chivasa on Wednesday, but was convicted due to overwhelming evidence.
Ms Chivasa sentenced Chisvo to 15 years in jail before suspending three years for five years on condition of good behaviour.
He will serve an effective 12 years in jail.
Ms Chivasa said Chisvo failed to proffer special circumstances, which could persuade the court not impose the mandatory 10 years in jail.
“The offence carries the same sentence as rape and it is aggravated by the accused’s HIV status,” said Ms Chivasa.
“There was no motivation for the complainant to lie against the accused and he opened up to his mother within hours of the offence. No one can openly talk about being se_xually abused by another man considering the stigma around homosexuality. It is against the order of nature.”
In mitigation, the divorced father of one told the court that he was not aware of his HIV status. Neither was the complainant infected.
Mr Muringwa said it was fortuitous that the complainant was not infected.
“However, he has to go for review to ascertain his status,” he said. “Cases like these are now rampant in our jurisdiction, a clear message needs to be sent out.”
The court heard that on May 10 this year at around 5pm, the teenager went to Chisvo’s tuckshop to charge his cellphone.
As Chisvo was alone he pleaded with the teenager to attend to his customers from 7pm to 9pm, promising to pay him a dollar.
He said he had a headache.
The teenager went back to his mother and was authorised to do the job.
Chisvo asked the teenager to sleep over in the tuckshop and they shared a blanket.
Around 11pm, Chisvo sodomised the boy who told his mother the following day.