Suspected rapist acquitted

A Chitungwiza regional magistrate on Friday tore into an alleged "rape victim" calling her a pathological liar and described her report as "a movie script".

This was after the victim (19), had chronicled an exaggerated version describing how she was kidnapped by her ex-boyfriend with the aid of three unknown men before he raped her at his house.

Magistrate Ms Estere Chivasa acquitted Lovemore Maiko (28) of Zengeza 1, Chitungwiza.

Maiko was represented by city lawyer Mr Maxwell Mavhunga.

"I find the allegations of kidnapping very strange because there was no one who corroborated the complainant's evidence. It was her word against that of the accused.

"It was not practical because the said road (Ingwe) is ever busy and there was no possibility that she was the only person walking alone around 1pm. The investigating officer failed to obtain any leads to the vehicle used to kidnap her," said Ms Chivasa.

"The complainant failed to describe the colour of the vehicle or even identifying it. I believe the accused was a better witness since his evidence tallied with that of an independent witness, a minor boy.

"Complainant's story was exaggerated in a movie style and at one point I had to refer her to be examined by a doctor to see whether she was capable of consenting to sex."

On rape charges, Ms Chivasa said she had a problem in compiling overwhelming evidence.

"The challenge I had on this charge was compiling reliable evidence since in this case we were dealing with two liars. Accused's defence was just for academic purpose as he denied sleeping with her, but only inserted his finger to test her v.rginity.

"However, it was impossible for him to spend two hours with the girl in his bedroom only to insert his fingers without engaging in sex. To me this shows that the intercourse was not consensual," she said.

Ms Chivasa said it was difficult to get the truth about the rape following the woman's narration on how she was kidnapped.

"The complainant exaggerated the offence for the fear of her father. She also went to the accused's house and after the rape, visited a lot of houses. I, therefore, found the accused not guilty and acquitted," she ruled.

Maiko was facing two charges of kidnapping and rape.

Meanwhile, Fungai Jachi reports that a 37-year-old man was on Friday jailed for an effective 12 years for raping his sister-in-law.

Harare magistrate Mrs Fadzayi Mtombeni sentenced the man to 16 years in jail but suspended four years.

In passing sentence, Mrs Mtombeni said the man had taken advantage of the helplessness of the 24-year-old woman since she was an orphan and was living with him, babysitting his child while his wife was away.

She also said rape cases had become prevalent and harsh sentences had to be imposed on offenders.

Prosecutor Ms Ressy Nyamombe had sought a lengthy custodial sentence.

Facts leading to the conviction are that sometime in July this year, the woman came to live with the man's family as a babysitter.

One day, the man went into her bedroom at midnight and raped her once.

Afterwards he ordered her to keep mouth shut. On September 26 the woman was called by her sister to come and babysit for her again as her maid had left quit her job without giving notice.

The man raped her again and threatened her not to tell anyone as that would destroy her sister's marriage.

She, however, reported the case leading to the arrest.