Dad did not rape 10 months old baby, court rules

HARARE regional magistrate, Mr Musaiona Shotgame, has acquitted a man accused of raping his 10-month-old daughter and infecting her with a sexually transmitted infection (STI).

The court ruled that the evidence presented by the mother was inconsistent and lacked corroboration.

In his ruling, Mr Shotgame said the genital ulcers observed on the baby could have been caused by malnutrition, as testified by a medical doctor, and not conclusively by sexual abuse.

He also noted that the mother had reported the matter under pressure from a higher office where she had shared her story, despite allegedly knowing the accusations were baseless.

"The accused could not connect with the child through what can only be described as a ‘blue-tooth bond'. It was pressure and inquiry from a higher office that led her to report the matter," Mr Shotgame said.

"She delayed reporting because no offence had taken place. Her evidence was unreliable and inconsistent, leading the court to doubt its credibility."

The magistrate further highlighted that the medical report did not substantiate the allegations of sexual abuse, concluding: "The court finds that there was no sexual abuse in this case. The accused is found not guilty and is acquitted on all counts."

The ruling followed testimony from a medical doctor, Dr Hussen Chapota, who examined the child and observed genital ulcers and vaginal bleeding.

Dr Chapota explained that while these symptoms could potentially suggest sexual abuse, they might also result from other factors such as skin infections, STIs or malnutrition.

"The possibility of sexual assault could not be ruled out," Dr Chapota told the court.

"We noted vaginal bleeding in a patient less than one year old, which is highly unusual. Further tests revealed the herpes virus, leading us to suspect possible sexual abuse. However, genital ulcers can also result from malnutrition or other infections."

The child's mother, who took the witness stand earlier in the trial, alleged that the father had been physically abusing her and neglected their children.

She claimed that one of their children had previously been diagnosed with malnutrition. Recounting the incident, the mother testified that on the day in question, she had left the child with the father while she took a bath.

Upon returning, she allegedly found him rubbing his genitals on the baby's private organ and mouth.

She said the accused dismissed her concerns, claiming he was playing with the baby to see if she had feelings.

The mother further alleged that the father threatened to kill her if she disclosed the incident. The accused told her that he was responsible for the death of their other child and threatened to do the same to her if she reported the matter.

The mother said she noticed sores on the baby's private part and mouth on October 7, 2024, and sought medical treatment at Guruve Hospital before being referred to Sally Mugabe Hospital.

However, she only reported the matter to the police on December 24, 2024, after her brother encouraged her to do so.

The father denied all the charges. He had been facing two counts of rape and an additional charge of indecent assault. Following the trial, he was acquitted and released from custody.

The incident allegedly took place in Hopley, Harare, in October 2024. However, the court found insufficient evidence to support the mother's claims, citing her delayed reporting and the lack of corroboration from medical evidence.