The High Court of eSwatini has convicted 24-year-old Sandzisiwe Magagula of rape and further sentenced her to eight years without the option of a fine.
Magagula is the first woman to be convicted of rape in the history of eSwatini and this is because she was charged under the Sexual Offenses and Domestic Violence (SODV) Act of 2018, which categorizes offenses of a sexual nature that have been committed by women as rape.
The previously used Criminal Procedure and Evidence (CPE) Act would define such acts as sexual assault when committed by women and they would not lead to a conviction for rape but a lesser crime of sexual assault which came with an option of a fine.
In the CPE Act only men could be charged with the crime of rape.
The 24-year-old woman was arrested in 2018 for having a sexual relationship with a 17-year-old boy, who is defined as a minor under the SODV Act because he was still attending school.
The woman is not challenging the conviction, even though she told the court that the boy was her lover being the one who proposed love to her.
However, early this week she filed an appeal for the sentence and requested that the court grant her the option of a fine.
The fine appeal is still pending at the high court.
BM/as/APA