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COURT AWARDS BULAWAYO TEEN (19) US$2000 FOR LOSS OF VIRGINITY AND BREACH OF MARRIAGE PROMISE BY MAN (32)
from Bulawayo who sued her married ex-lover for deflowering her before ditching her after having previously promised to marry her has been awarded US$2000 in damages.
Nataly Madziwa (19) sued Joel Moyo (32) accusing him of seducing her into having sex after promising to marry her during their relationship while she was an Upper Six pupil at Pumula High School in 2015.
In her lawsuit, she demanded $8 000 in seduction damages, saying her chances of getting married were diminished after she lost her virginity.
Madziwa said she only discovered that Moyo was married when she fell pregnant.
In his ruling, Bulawayo magistrate Mr Sheunesu Matova ordered Moyo to pay $2 000 for the lost virginity.
Madziwa’s lawyer Mr Bruce Masamvu told The Chronicle that the ruling was delivered on Tuesday.
“Magistrate Matova delivered his ruling yesterday and ordered Moyo to pay my client $2 000 for lost virginity. He did agree to most of our closing submissions and we’re expecting Moyo to pay us as soon as possible. So far he hasn’t communicated anything,” said Mr Masamvu.
“We’re simply going to issue him with a warrant of execution, a form of writ of execution used as a method of enforcing judgments.”
The lawyer emphasised that according to the law, a plaintiff who has been seduced may recover compensation for the loss of her virginity and consequent impairment of her marriage prospects.
Madziwa and Moyo fell in love in 2015 and the teenager said she was showered with gifts and money before the sexual act.
She said she felt embarrassed and humiliated after Moyo allegedly broke her virginity and impregnated her before breaching the promise to marry her.
“Sometime in 2015 while I was doing Upper Six at Pumula High School, the defendant (Moyo) proposed love to me and I accepted. On April 19, 2015, Moyo came to my home and picked me up. He then persuaded me to have sex with him,” said Madziwa.
She said Moyo broke her virginity after he allegedly lied that he was a bachelor.
“I was never married before and after deflowering and impregnating me, Moyo has taken away my pride as a woman and left me embarrassed and humiliated before my parents, peers and the community,” said Madziwa.
She said her ex-lover has through his actions reduced her prospects of having a “normal” future marriage.
“I lost my virginity and also my chances of ever getting married have diminished because I am no longer a virgin and again I have a child with the defendant,” Madziwa said.
She said despite breaching the agreement, Moyo has not shown any remorse for his actions.
Moyo, in his defence, said Madziwa was not a virgin when they engaged in sex. He also queried the paternity of the child and questioned the rationale behind Madziwa’s delay to inform him of the pregnancy.
“I really doubt the paternity of the child because Madziwa took eight months to inform me of her pregnancy. I was never married but I was actually staying with another woman with whom I have a six-year–old child,” he said.Thandeka Moyo, source-Chronicle