College principal acquitted of student rape

A DIRECTOR and principal of a college in Hwange heaved a huge sigh of relief on Thursday when he was acquitted of raping one of his students who also alleged he infected her with HIV.

Daylove Zvavamwe (34) of 6 Crescent Road in Railways, who runs the Shalom Academy, escaped jail by a whisker when he appeared before Hwange regional magistrate Ms Dambucteo Malunga.

The State lost its case due to technicalities that included the delay to report the rape by the complainant, who hid the offence for nine months and only made a report after advice from her aunt.

Making reference to late former President Canaan Banana's case, Ms Malunga said part of requirements of ascertaining a rape offence included the period taken to report the rape and influence in reporting the matter.

"According to the Banana case, the requirements of (reporting) rape are that it must be made freely and voluntarily without undue delay. In this case the report was neither free nor voluntary. In addition there was an element of influence used in effecting a report. 'The State failed to prove a prima facie case therefore the court has no choice but find the accused person not guilty," pronounced Ms Malunga in her judgment, declaring Zvavamwe a free man.

According to the State on an unknown date in the month of April 2013 Zvavamwe who was the complainant's teacher told her to report to his office after a lesson at St Ignatius Primary School where the college rented classrooms.

Upon her arrival at the office she was ordered to gel inside and arrange some books before Zvavamwe closed the door, locking it. He pushed her down to the floor and raped her once.

'The matter came to light in August of that same year when the complainant heard that Zvavamwe was HIV positive whereupon she narrated her story to her aunt who pressured her into making a police report after she tested positive to HIV.

'The complainant who was then aged 21 told the court that after Zvavamwe raped her, he bought her silence with a new cellphone before promising to marry her after pronouncing that she was now his girlfriend.

"After he raped me he gave me a brand new cellphone to keep quiet about the offence before pledging that he was going to marry me since I was now his girlfriend because of the sexual act. However, I became greatly distressed when I caught wind of a rumour that he was HIV positive, resulting in me doing an HIV test which came out positive," she said while giving evidence.

Zvavamwe, through his lawyer Tonderai Mukuku of Marondedze and Mukuku, denied raping her but insisted that they had fallen in love with each other sometime in February of that year and had sex several times.

"Your worship, I was surprised when the complainant cried rape when she had been my girlfriend from February 2013 and we had sex several times.

In fact on the date that she alleges I raped her we had previously had sex and what was even more surprising was the period she took to report the alleged rape," he said through his lawyer.