By Rejoice Hove Zimba Wave Media -London
The High Court of Harare in Zimbabwe has made an interesting ruling in which Justices Priscilla Munangati-Manongwa and Siyabona Masithu presided over a rape case involving a mentally challenged woman. The judgment seeks to affirm the rights of mentally ill individuals in as far as consent to sexual relationships is concerned. Circumstances surrounding this case are that the accused Mtindi Zidyengi was convicted by the lower court of raping a 33 year old mentally ill woman. Upon review of the matter at the High Court, the upper court overturned the ruling of the lower court for lack of sufficient evidence to suggest that the woman was incapable of consenting. The presence of a medical report presented in court buttressed the fact that the woman had been deemed of average intelligence, good judgment and lucid moments. This case essentially boarders on the rights to dignity,privacy,equality and non-discrimination under both local and international laws which seek to protect reproductive rights of those with a mental disability.
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