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The High Court has ordered the Ministries of Home Affairs and Health and Child Care to pay US$6 500 in damages to Mildred Mapingure, a rape victim, for their liabilities in failing to prevent pregnancy emanating from her rape ordeal.
Mapingure approached the High Court citing the two ministries as respondents in March last year seeking ten thousand dollars as damages and forty one thousand dollars as maintenance for the child.
The court found that the police had failed to assist Mapingure to receive prompt medical attention following the rape and also found the doctor at fault for failing to prevent the pregnancy.
The Supreme Court had referred the matter to the High Court for quantification of damages following its finding in favour of the victim.
However the court dismissed the second claim for maintenance, saying the State was not liable for the failure to ensure timeous termination of pregnancy.
The court ruled that the State was not liable to provide maintenance for the child, but is liable for the damages over the pain and suffering she encountered following her ordeal. – source-zbc