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Codelia Mondela, Court reporter
A MAN from Bulawayo, alleged to be HIV positive and who was accused of raping his ex-wife seven times in one night without protection, was yesterday acquitted of the charges.
The man (55), from Mahatshula suburb, had been arraigned for luring his ex-wife (34) into his bedroom and raping her the whole night.
Through his lawyer, Mr Costa Dube of Dube and Associates, the man pleaded not guilty to rape before Bulawayo regional magistrate Mrs Sibongile Msipa-Marondedze.
Mr Dube made an application for discharge which was accepted by the State.
In the application, he stated that there was no compelling evidence to prove that his client had committed the crime.
“The complainant visited the accused person at around 8PM and entered his bedroom. It is her evidence that she was raped seven times but never called for help. There is no evidence that shows resistance on her side and she left the accused’s house at around 10AM the following day. The two had sexual intercourse even after they separated,” he said.
The magistrate found the accused not guilty and discharged him.
The complainant had alleged that her ex-husband lured her to his house in Mahatshula suburb in January this year by taking her cellphone. She then went to his house to collect it.
“He locked me inside his bedroom, put the keys under his pillow and forced himself on me without using protection. He would rape me and go to sleep, wake up and rape me again. He raped me for the seventh time the following morning when I was taking a bath and I managed to push him away,” she said.
“What pains me the most is that he is HIV-positive and I am HIV negative, but he raped me without using protection. I did not scream or call for help while he was raping me because neighbours knew me as his wife hence it would be embarrassing for them to know that I had been raped.”
@MondelaC
Online Reporter