Home Headlines COURT FREES MAN WHO HAD SEX WITH GIRL, 13,

COURT FREES MAN WHO HAD SEX WITH GIRL, 13,

1813
30
FREED: Mduduzi Machisoto
FREED: Mduduzi Machisoto

Unruly girls and lax parents blamed

AGE may be nothing but a number, but for Timothy Machisoto sex with his 13-girlfriend could landed him with 10-year jail sentence.
Instead he walked from a Francistown court last week.

In his ruling magistrate Sijabuliso Siziba took a swipe at unruly young girls and their irresponsible parents, saying lack of parental control was a mitigating factor in determining his decision.

DEFILEMENT CHARGE DROPPED
Girlfriend, 13, claimed she was 18

A Zimbabwean man walked free from a Francistown court after nearly six months in custody thanks to a sympathetic magistrate.

23-year-old Machisoto of Mpopoma location in Bulawayo was alleged to have defiled an under age girl in August 2011 at Block I location in Francistown where he was self-employed as a carpenter.

The court heard how the girl had declared her love for the accused after the couple had met in a bar and agreed to have sex the same night.

The relationship continued until January this year, by which time the girl had a three-month old baby. It was only when the girl’s estranged father visited his daughter, and seeing the baby reported Machisoto to the police, who was then taken into custody.

Explaining his decision to acquit Machisoto, Magistrate Siziba said he did not see how a reasonable court could convict where the victim herself misled the accused person by purporting to be an adult.

“During the trial the complainant frankly told the court that though she was 13 at the time she lied to the accused that she was 18,” he said.

Despite her youthful appearance the magistrate suggested that to blame Machisoto for having failed to detect the young girl’s features of childhood would be what he termed an “armchair approach” by the court.

“This case once more shows the difficulty of the law in trying to protect young children who do not merit such protection themselves,” he said.

Instead he blamed parental failure to guide and mold proper behavior in children as well as rebellious children who ignore parental controls.

“There is no way a court of law may punish off e n d e r s where young children venture out to
masquerade as adults and solicit for sexual intercourse,” Siziba contended.

30 COMMENTS

  1. “he did not see how a reasonable court could convict where the victim herself misled the accused person by purporting to be an adult.

    “During the trial the complainant frankly told the court that though she was 13 at the time she lied to the accused that she was 18,” he said.”
    These young girls do it all the time. and if the parents are not talking to them about life – it is bound to happen

    “the girl’s estranged father visited his daughter, and seeing the baby reported Machisoto to the police, who was then taken into custody.” possibly the girl would be better off with the father than the mother as it appears that they are living apart- the Social services should investigate which parent would be most suitable for the girl to live with

  2. Yeh! If the girl did not feel any problem with penetration at first and reported it, she loves it.She was roaming around with filings of joy and the father hammering to make an innocent kid. I there for see no problem with the judgement.

  3. bana ba gompieno ba raya morobalo le mo motho a kgonang go yaka a re o 18 a le 13…eses mapelenyana a a bone a batla go gabollwa ba tla neelwa hela e setse e le bomme janong!

  4. I wonder gore ngwanayana yo o sale a brakile virginity len?E tshwanetse ya bo ele tite gore,imagine zats Machisoto is a Zimbabwean.Its a pity go ja lekgela.Le yone kana ga ke bone ene e bodule sentle.I cant imagine if it was my daughter

  5. ” the couple had met in a bar and agreed to have sex the same night.” – FOR CRYING OUT LOUD HOW DID THE 13 YEAR OLD GAIN ENTRY TO THE BAR?

    Its probably high time places like Bars and nightclubs should have an age restriction to gain entry and if in doubt ask for the person to produce some form of identity that has they date of birth on it if in doubt

  6. BANA BA MALATSI A KE MATHATA. BA GOLA BA TLOGELA DINGWAGA KO MORAGO, GAPE BA BOLAILWE KE CHILDREN’S RIGHTS, IF YOU TRY TO DISCIPLINE THE CHILD WA GO REPOTA. SO THEY THINK THEY ARE OLD THEY KNOW WHATS GOOD FOR THEM. I WISH THIS KIDS THEY SHOULD STOP WHAT THEY ARE DOING AND FOCUS INTO THEIR EDUCATION IN ORDER TO HAVE A BRIGHT FUTURE, LIFE IS GETTING HARDER EVERYDAY.

  7. his father le ene o ne a nna kae ha 13 year old a ima a ba a tla go bona ngwana a setse a tshotswe….. morobalo le one o a ratega go ka twe 18, motho a le 13

  8. Would be interesting to hear the opinion of Childrens Organisations and Religious institutions as to why Bars/Nightclubs are allowing children under the age of consent to enter such places?
    The law should come hard on these bars/nightclubs that allow children under the age of consent to enter their premises

  9. “the couple had met in a bar and agreed to have sex the same night.”

    HOW DID THE 13 YEAR OLD GAIN ENTRY INTO THE BAR???

  10. There must be other children like the 13 year old being ALLOWED to gain access to bars, nightclubs and illegal drinking places and being given alcohol when in actual fact they SHOULD NOT BE ALLOWED

  11. if i was the father of that child i swear i would kill that bloody zim bastard with my bear hands she is just a kid she doesnt no anything 4 chist sake

  12. Bontsi jwa bana ba ba nang le 13years ba bala std 7, dibuka di bonwa leng ha go siiwa le dibara go batlwa banna ba batswakwa ba ba tshwarang di piece jobs.

  13. “The relationship continued until January this year, by which time the girl had a three-month old baby. It was only when the girl’s estranged father visited his daughter, and seeing the baby reported Machisoto to the police, who was then taken into custody.”

    Dont just blame the man who spoiled the girl,

    1. WHAT ABOUT the management/owners of the Bar that she walked into MUST ALSO TAKE THE BLAME FOR ALLOWING AN UNDER AGE PERSON TO ENTER THEIR ESTABLISHMENT AND

    2. THE MOTHER OF THE GIRL MUST TAKE THE BLAME ALSO BECAUSE IN A SEPARATE ARTICLE SHE ACCEPTS THE MAN WHO SPOILED HER DAUGHTER BE FAIR- it appears that THE FATHER WAS NEVER TOLD BY THE GIRLS MOTHER THAT SHE HAD A BABY

    3. INCLUDING THE SYSTEM THAT IS ALLOWING CHILDREN UNDER A CERTAIN AGE TO HAVE WALK INTO A BAR,
    TAKE ALCOHOL

  14. “Precious, who is studying towards attaining a Trade B Certificate in Welding at a local institution,
    says she is happy that her future son-in-law is out of jail.”

    This is a paragraph from the othe article concerning the minor no SENSIBLE PARENT WOULD SAY THAT. tHE MINOR IS still A MINOR – 15 YEAR OLD. GOODNESS SAKE- CRYING BUCKETS OF WATER – One asks is there anyone to take care of the Minor when the mothe is away at the institution she is studying the minor should be TAKEN AWAY FROM THE MOTHER IN MY VIEW

  15. 1.”The court heard how the girl had declared her love for the accused after the couple had met in a bar and agreed to have sex the same night.

    2.”During the trial the complainant frankly told the court that though she was 13 at the time she lied to the accused that she was 18,” he said.”

    One can POSSIBLY DETECT what sort of character the 13 YEAR OLD NOW 15 YEARS OLD girl has – she is FRISKY (forward) what sort of home is she being RAISED IN??? Something is not right in my view regarding the ENIRONMENT she is being raised in because the mother does not seem to care that at 13 she was having a baby –

  16. Nna kentse ke tlhoka judge wa mofuta oo waitse bathong. Batsadi ga re bue le bana and bana ba malatsi aaaa. Ga keitse gore a le mogare ga ba o tshabe, go tsweng foo gatwe bo rre bone ba reng liquor act ga e letelele ngwana wa dingwaga tse 13 go tsena ka bara and bo business man they dont care they are just after profit. So gatwe re ya kae. Go tsweng foo monna wa modimo oa tshwara, but most of the time this kids are the ones proposing and encouraging di relationship tse. Mo gotweng ngwana o monnye ga a itse sepe NO. She was suppose to be home and telling elderly people if monna tells her that he loves her, FA ENE ELE GORE O IPITSA NGWANA. Batho lefatshe lehedile mme legale judge yoo o tla thusa. Kentse ke tshwegile ka lebaka ka banna ba modimo batshwarwa tsatsi le le tsatsi mme ba gotweng ba a protectiwa bone ba sa i thuse go tlhelele.KE LAPILE KE BANA BATHONG PLIZ. I want to be a judge ya defilement cases only. bORRE BA SOTLILWE ITS ENOUGH.

  17. Charity begins at home. My gut feeling tells me that the father to this girl knew about this r/ship and only gat furious after finding out that the dota was preggggyyy. Kids of these matsatsi ke mathata. What i want to know is whether Machisoto will be takin care of his kid soon since the father to his darlin galfrend took him to court?

  18. Banna ba Botswana ke kopa leitlhokomeleng le mo mathateng bathong. Go batla pele o modumela o kope omang ka tota malatsi ba a le phosha go thata bontate. Eseng jalo le ya go senyegelwa ke ditiro lotlhe bogolo jang lona male teachers ka gatwe they open their dirope lentse le ruta. Go ka nna jang fa le ka ba report fa ba bula dirope, moo go botoka go ka gontsha mo diphatseng.

  19. What will happen if the man who spoiled the 15 year old does not return?
    MY ARGUMENT IS STILL HOW DID THIS 15 YEAR YEAR OLD MANAGE TO GAIN ENTRY INTO THE BAR WHEN SHE WAS 13 YEARS OLD? IT SEEMS FROM THE ARTICLE SHE WAS ALONE WHEN SHE MET THE FATHER OF HER CHILD. THIS BAR COULD BE ALLOWING UNDERAGE CHILDREN TO GAIN ENTRY – WHAT SYSTEM IS IN PLACE TO ENSURE THESE UNDERAGE CHILDREN DO NOT GAIN ENTRY INTO SUCH PLACES EVEN WHEN THEY ARE DISGUISING THEMSELVES AS ADULTS??????????????????????
    I would investigate and this Bar and if it does not have a system in place SHUT IT DOWN FOR GOODNESSSAKE