Man accused of raping mentally challenged daughter acquitted

A 55-YEAR-OLD man who was accused of sexually attacking his mentally challenged daughter walked to freedom on Tuesday after he was found not guilty and acquitted.

The accused, from Bulawayo’s Tshabalala suburb, who cannot be named so as to protect the complainant’s identity, appeared before Bulawayo Regional Magistrate Mr Mathew Mutiro for judgement.

In acquitting him the magistrate said the State failed to prove its case beyond reasonable doubt. The magistrate also stated that complainant was not a credible witness.

“During trial the complainant proved to be an unreliable witness as she gave two different testimonies. She told one of the witnesses who testified that she had consented to having sex with her father and told another witness that her father raped her,” he said.

“Her testimony lacks credibility and if there is a shadow of a doubt the court is left with no choice but acquit the accused, “said Mr Mutiro.

The accused was being represented by his lawyer, Mr Tapiwa Solani of Shenje and Company Legal Practitioners.

Prosecuting, Ms Tsungai Charmaine Mutapi told the court that sometime last year the accused called the complainant to his bedroom.

“The complainant quickly walked to her father’s bedroom and he told her to sit on his bed. After that, he sexually attacked her. After the act, he told her not to tell anyone.

“The complainant left for her sister’s apartment and divulged the ordeal to her sister,” said Ms Mutapi.