Teacher acquitted of raping his former colleague

A TEACHER who was accused of raping his former colleague on two separate occasions has been acquitted.

The 27-year-old teacher stationed at Matabeleland North Province-based school, appeared on Thursday before Bulawayo Regional Magistrate Ms Sibonginkosi Mkandla, who acquitted him at the close of the State case.

In acquitting him, Ms Mkandla said the complainant was not a credible witness and had lied to the court, while overwhelming evidence proved that she was in love with the accused and had engaged in sex with him multiple times.

The magistrate further stated that, despite her denial of being in a relationship with the accused, the defence produced WhatsApp messages, which proved they were in a sexual affair.

She added that the alleged incident occurred at a four roomed house also occupied by other teachers, yet the complainant did not scream.

“It is shocking that as she was allegedly raped she did not scream, and that defies logic. Furthermore, she did not inform any teacher in the morning about the alleged rape.

“They also engaged in sex the following afternoon. She only reported the matter a week later after she was confronted by the accused’s girlfriend, who accused her of being in love with him,” said the magistrate.

The accused was represented by his lawyer, Ms Constance Mathaba.

“At first, the accused and the complainant were friends. After a while, their friendship developed into a love affair. They would kiss and cuddle each other, and they engaged in consensual sex,” said Ms Mathaba.

Ms Mathaba further told the court that during their relationship, the complainant had stated she was married and that her husband was based in South Africa.

After she disclosed her marriage, the accused told her that he was also in a relationship with a school receptionist.

The lawyer told the court that the complainant routinely invited the accused to her room.

“She seduced him and they had consensual sex. They would spend the entire night together. To prove that she was never raped, she never screamed. They engaged in sex at any time.

“The complainant was later confronted by the accused’s ex-girlfriend, who accused her of being in a relationship with him. After that, their relationship soured, and a week later she reported the accused to the police claiming she was raped,” said Ms Mathaba.

However, in her testimony, the complainant told the court that she was a virgin.

“I have never slept with anyone, and at our church, they do not allow congregants to engage in sex before marriage. I’m a virgin,” she said.

Prosecuting, Ms Charmaine Mutapi told the court that on 11 August last year, while the 35-year-old woman was sleeping in her room at the school cottages, she heard a knock on the window. She checked and found that it was the accused.

“She opened the door for the accused. The accused told her he wanted to take something from her room, and she let him in. She then went back to sleep on her bed, where the accused raped her. After that, he returned to his room,” she said.

“The court heard that the accused returned the following day at around 5am while the complainant was sleeping, sneaked into her room, and sexually attacked her again.”

The matter was reported to the police, leading to the accused’s arrest.