Man acquitted of 'raping' disabled shebeen queen

A 26-year-old man on Friday walked out of court a free man after he was acquitted of charges of allegedly raping a 64-year-old disabled shebeen queen in Bulawayo's Makokoba Township.

Nobert Zingobo of Emganwini pleaded not guilty to alleged rape charges when he appeared before magistrate Mark Dzira at the Bulawayo Regional Court.

In his defence, he told the court that the old woman, who uses a wheelchair, was ashamed when her granddaughter caught them in the sexual act that she had consented to.

Zingobo, who was represented by lawyer Tanaka Muganyi, said on the fateful day, August 21 last year, he had spent the whole day drinking beer with the complainant at the shebeen and at night he was accommodated in the kitchen.

He said he later woke up and saw the old woman holding his private parts and they started indulging.

A few minutes later, one of her grandchildren came into the room and the woman pushed him away.

The 64-year-old informed her daughter-in-law that her regular patron had raped her as she wheeled through the kitchen from the toilet during the night and a report was made to the police.

In giving his judgment, Dzira said it was likely that the old woman consented to sex with the 26-year-old man.

"It is undisputed that he (Zingobo) used to frequent the place, they were well acquainted with each other. She didn't raise alarm, but only panicked when someone found out about their intimacy," he said.

"While the complainant is disabled, there is a real possibility that she could have consented to sex with the accused. These allegations may have been made because of fear she had been seen. She probably felt ashamed, considering that she is disabled.

"Under these circumstances the court is of the view that the accused may have not committed the crime. He is given the benefit of the doubt. Accordingly he is found not guilty and acquitted."