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Court throws out virginity lawsuit

22/09/2010 00:00:00
by Staff Reporter
 
Virginity claim ... The Harare Magistrates' Court
 
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A HARARE magistrate has dismissed a mother's US$2,000 lawsuit against a man who allegedly took her 16-year-old daughter’s virginity and made her pregnant.

Agnes Muganhu claimed Rishon Duri had wrecked her daughter’s chances of getting married.

Muganhu told the civil claims court on Monday: "My daughter was a virgin and this man slept with her hence breaking her virginity. Now she is a mother, who will marry her?"

But magistrate Shelly Zvenyika ruled: "It is this court’s finding that you have no legal standing to sue for seduction damages for your daughter, therefore the application is dismissed.”

The magistrate however left the door ajar for the girl’s father to bring a claim after stating: “Only the girl’s father could sue for such damages since he is the one who receives lobola in terms of customary law.”

Duri did not deny having an affair with Muganhu’s daughter, but insisted the mother KNEW they were dating.

He told the court: "I do not know why she wants me to compensate her because she knew about this relationship way before her daughter fell pregnant.

"I stayed with her daughter for nine months. She (Muganhu) came and took her away from me.”


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