Courts

MBABANE – A punishment meted out to a woman who falsely accused her boyfriend of rape has elicited mixed reactions from various sectors of society.

*Nono was sentenced to two years imprisonment with an option to pay a fine of E2 000.

This was after she recorded a statement with the Royal Eswatini Police Service (REPS), in which she narrated that her boyfriend forced her into sexual intercourse while at Thembelihle in Mbabane.

However, it appears that after some time, Nono returned to the police with the intention of retracting her previous statement.

She reportedly told the officers of the law that *Musa, her boyfriend, had not actually raped her. She explained that on the day of the incident, she engaged in consensual sexual intercourse with Musa. She further stated that their intention was to explore different sexual styles, which, however, caused her discomfort.

It is reported that Nono attempted to reason with Musa, only to be told that she had acted immaturely. It is also said that she called the police after Musa continued with the sexual activity despite her cries of discomfort.

The police are said to have concluded that she had recorded a false statement, which is an offence punishable under Section 120(b) of the Sexual Offences and Domestic Violence Act of 2018.

Nono appeared before Mbabane Principal Magistrate Fikile Nhlabatsi, where she was charged with making a false statement alleging that she had been sexually abused by her boyfriend. She pleaded guilty to the charge.

When questioned about her reasons for lying against her boyfriend, she explained to the court that she was hurt during sexual intercourse, which she confirmed was consensual.

She stated that she called the police because Musa continued with the activity despite her complaints of discomfort.

She also claimed that Musa accused her of acting immaturely when she cried out that she was hurting and uncomfortable.

Furthermore, it was reported that Nono pushed off a table, causing damage to her boyfriend’s television set, valued at E3 800. As a result, she faced an additional charge of damaging property.

In her mitigation, Nono pleaded for leniency, stating that she did not intend to lie against her boyfriend. She explained that her actions were motivated by her feelings of hurt and discomfort, and she would not have lied if she had not been in that state.

Nono was sentenced to two years imprisonment, with the option to pay a fine of E2 000. However, the sentence was wholly suspended for three years on the condition that she is not convicted of the same offence during that period. She was cautioned and discharged in the second count.

When the matter was brought to public attention, Nonhlanhla Dlamini, Director of the Swatini Action Group Against Abuse, commented that it was positive that the law had been applied.

Dlamini stated that anyone who falsely accuses a partner of abuse should be dealt with under Section 120(b) of the Sexual Offences and Domestic Violence Act of 2018.

*…

It’s lesson for both men and women - traditionalist

MBABANE – Staunch traditionalist Two Minutes Shongwe, who also serves as the Mbabane National Court President, has urged both men and women to learn from this case.

Shongwe expressed appreciation for the police and the court for ensuring that justice was served.

However, he noted that if *Nono’s account is accurate, Musa could have risked being charged with rape, an offence which attracts a sentence of 18 years imprisonment for first offenders if the survivor is an adult.

Shongwe explained that under the law, consent stops the moment a woman says ‘no.’

“If Musa truly continued even after his girlfriend told him to withdraw, he risked being charged with rape despite the initial consent. Even if someone is your wife, the law stipulates that you must respect her the moment she says no during the course of sexual activity,” he stated.

*Not real name as this is a sensitive matter.

*Full article available on Pressreader*

A punishment meted out to a woman who falsely accused her boyfriend of rape has elicited mixed reactions from various sectors of society.