WHY WAS I SENT TO PRISON? - WOMAN RAPIST

MBABANE – The woman who was convicted of raping a 16-year-old boy is perplexed as to why she was sent to prison when the teenager allegedly confirmed to have proposed love to her.

Sandzisiwe Magagula (24) of Nhlalakahle under Chief Velamuva mentioned this in her application for bail pending appeal. The prosecution is opposed to the application and it will file its responding papers in due course. She is appealing the sentence of eight years without a fine option which was issued by Nhlangano Principal Magistrate Florence Msibi.
Magagula, who is represented by Raymond Mwelase, submitted that during her trial, the complainant told the court about their relationship and ‘further confirmed that he was the one who proposed love to myself.’

She said despite the complainant’s evidence, the principal magistrate found her guilty. Magagula stated that when she was arrested and convicted, she was taking care of her minor child. She said she did not know who was taking care of her child now that she is in prison. Magagula was charged with contravening Section 3(1) of Sexual Offences and Domestic Violence (SODV) Act 2018. Section 3 (1) stipulates that: “a person who rapes another commits an offence and, for purposes of this Act, the offence of rape is committed either by a male or female person against another person.”

In her notice of appeal, Magagula argued that the principal magistrate erred in law and in fact in imposing a penalty of eight years imprisonment without an option of a fine when the reality on the ground was that many people in the country especially the female population were unaware of the legislation which was used to convict her. She wants the High Court to set aside the sentence that was imposed by the magistrate. She further contended that the magistrate erred in holding that she was guilty on the charge of rape while the complainant informed the court that he was old enough to consent to sexual activity.

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