MWENEZI - A 41-year old man severely assaulted his wife because she had said no to sex without first getting tested for HIV, the Mwenezi Magistrates' Court heard last week.
Isaiah Chiwira of Tagarisa village, Ironwood Ranch under Chief Chitanga was convicted on his own plea of guilty of contravening section 4 (1) (a) of the Domestic Violence Act Chapter 05:16.
He was sentenced to 10 days behind bars or alternatively pays a fine of US$30. In addition, he was given a suspended 30 days imprisonment on condition that he will not commit a similar offence in the next five years.
Asked by magistrate Honest Musiiwa why he committed the offence, Chiwira said he assaulted his wife because she had denied him sex.
"I just politely requested that we have sex so that we could have more children but she denied. Out of anger, I ended up assaulting her," said Chiwira.
It was the State case that on February 24, this year at around 23: 00hrs, Chiwira told the complainant, Anastancia Matutu that he wanted another child. Matutu then told Chiwira that they needed to first go for an HIV test before engaging in any sexual activity.
This did not go down well with Chiwira who began assaulting his wife with fists several times on her face.
As a result of the assault, Matutu sustained an open wound on the left. A police report was made leading to Chiwira's arrest.