S v FIVE 1988 (2) ZLR 168 (SC)

1988 (2) ZLR p168

Flynote

Criminal procedure (sentence) — sexual offences — unlawful sexual intercourse with girl under 16 years of age — age difference between accused D and complainant — importance of in assessing sentence.

Headnote

In cases involving sexual intercourse with a girl under 16 years of age, in contravention of s 3(a) of the Criminal Law Amendment Act [Chapter 58], consideration must be given to the difference in the ages of the accused and the girl when assessing sentence. The disparity between e their ages has always been acknowledged as a factor, either of mitigation or aggravation, depending on whether the difference in ages is small or great. It is also a matter notorious enough for judicial notice to be taken that at no time in life, other than in youth, are the sexual passions more easily aroused; but, at the same time, callow youth lacks insight and experience and therefore more readily acts in a foolish manner than doesa mature person. Although "statutory rape" is a serious offence, the statute creating the offence provides for the imposition of a fine as an alternative to imprisonment, and such a punishment should be imposed in appropriate cases, such as the present, where the accused was 19 years old, a first offender, in gainful employment, and only five years older s than the girt.