“She undressed and then removed the boy’s shorts and pants.She lifted the complainant and placed him on top of her and between her legs.”
GWERU: A housemaid who allegedly forced a 13-year-old boy to have s.ex with her and infected him with a s.exually transmitted illness was Monday acquitted on charges of indecent assault.
Allegations were that Esnath Hove, 28, shared the same room with the teenager but woke up during midnight and forced the boy to be intimate with her.She had appeared before regional magistrate Collet Ncube, facing charges of aggravated indecent assault but denied the allegations.
In her defence, Hove said the boy’s mother, who was her employer, lied about the whole issue in order to avoid paying her two months’ salary amounting to $140.She alleged the boy was naughty and had a habit of coming home late and at times in the evenings.
In passing judgment, Ncube said there was a high possibility of falsely incriminating the accused person since the juvenile did not voluntarily identify the person who had infected him.“It’s quite surprising that a 13-year-old fails to voluntarily point to a person who infected him with an STI and, in this case, an unsophisticated maid with a strong rural background,” Ncube said.
Benefit of doubt
The magistrate said what was further amazing was that the boy’s mother literally forced him to implicate the maid.He said the state had failed to prove beyond reasonable doubt that accused had committed the crime and gave Hove the benefit of the doubt before acquitting her.
Prosecutors had told the court that on an unknown date, in July this year, Hove forced herself on the teenager in the dining room in which they were sleeping.“The accused person was sleeping in the same room with the complainant and she woke up at around midnight and also woke up the complainant,” said the prosecutor.
“She undressed and then removed the boy’s shorts and pants.The accused person then lay down facing upwards and she lifted the complainant and placed him on top of her and between her legs.”
The court further heard that on July 18, the boy’s mother asked him to try on new underwear. That is when she discovered that his manhood was swollen, discharging pus and that he had rush around the foreskin.She inquired what had happened but the boy refused to open up and he was taken to hospital where he was treated for an STI.
Again on July 29, the mother further questioned her son on the issue and that is when he revealed that he had s.exual intercourse with the maid.A report was made to the police leading to Hove’s arrest.