DNA clears rape suspect as experts call for urgent forensic reform

Mashudu Mambo

A NEW Magwegwe man narrowly avoided jail after DNA evidence cleared him of rape charges, reigniting urgent calls for Zimbabwe to adopt DNA testing as a standard tool in sexual violence investigations.

Bubblington Sibanda was arrested after a woman identified him in the CBD, accusing him of breaking into her home, raping her and fleeing. Sibanda maintained his innocence and requested a DNA test, which was conducted by the National University of Science and Technology’s Applied Genetics Testing Centre (AGTC). The results exonerated him.

His case has highlighted both the power and the underutilisation of DNA in Zimbabwe’s justice system, especially in rape trials, where evidence is often based solely on verbal testimony.

According to Unicef (2024), over 370 million girls and women globally have experienced rape or sexual assault before turning 18. Locally, the Zimbabwe Republic Police recorded 3 562 sexual violence cases in just the first quarter of 2024, pointing to a worrying surge in such crimes.

Legal expert Nhlalwenhle Dube said DNA was a game-changer in rape trials. 

“DNA evidence is scientific and objective. It can confirm or exclude a suspect, which is especially important in emotionally charged cases,” said Dube.

Nhlalwenhle Dube

However, he pointed to serious structural challenges in Zimbabwe, especially in rural areas. “Most rural communities lack DNA testing facilities. Samples must be sent to cities, which delays justice. Also, police and medical staff need proper training in evidence collection. And then there’s the cost — DNA testing is not cheap,” he added.

Dube also explained how courts currently weigh rape cases. “The primary focus is on whether sexual intercourse occurred and whether it was consensual. Courts rely heavily on the complainant’s statement, medical records and any physical evidence. DNA strengthens the case by either supporting or contradicting these accounts,” he said.

Professor Solwayo Ngwenya, a medical doctor and academic, said DNA testing of rape victims should become standard. 

“It helps identify the real perpetrator and ensures the innocent are not punished. But delays in reporting and lack of lab capacity can compromise DNA results,” he warned.

He stressed that victim examinations should follow strict clinical guidelines covering oral, physical and genital areas to ensure proper evidence is collected.

DNA specialist Tatenda Masara from Expedite DNA added that standardised protocols must be followed at crime scenes to prevent contamination or degradation of evidence. 

“DNA must be part of every serious criminal investigation. When done right, it can detect repeat offenders, solve cold cases and even prevent wrongful arrests,” said Masara.

He advocated for national DNA profiling, ideally starting at birth. 

“With every citizen’s DNA on record, it becomes much easier to track down perpetrators, especially in rape and murder cases. It creates a safer society,” he said.

Despite its benefits, Zimbabwe’s criminal justice system still lacks the infrastructure and investment to make DNA a widespread tool. Experts say unless reforms are made, the country will continue to see miscarriages of justice and thousands of unsolved rape cases.

 

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