Online Reporter
Getrude Manyande [email protected]
A 39-YEAR-OLD man from Umguza District who was accused of indecently assaulting and raping his 13-year-old daughter has been acquitted after the State had failed to prove its case beyond reasonable doubt.
The man, whose name cannot be disclosed to protect the identity of the minor, was acquitted of rape and aggravated indecent assault by Western Commonage regional magistrate Mr Pasipanodya Maturure.
Prosecuting, Ms Melissa Dube alleged that on June 15, the accused called the complainant to sleep on his bed in a room shared with her minor siblings.
It was alleged that he removed the girl’s skirt and undergarments, thrust his fingers into her private parts before raping her.
In his defence, the man denied the allegations, arguing that the charges were fabricated by the complainant and her mother.
He told the court that the charges were motivated by the complainant’s desire to leave his custody and live with her mother.
He also denied ever sleeping in the same room with the complainant and her siblings.
The complainant told the court that after her father allegedly sexually assaulted her, she fled to a friend’s house and only reported the matter about two weeks later after being quizzed by her maternal aunt.
The complainant’s aunt told the court that when the complainant arrived at her house, she appeared happy.
“She had left because his father did not want her and her siblings to live with their mother. The abuse was only disclosed two weeks later after I questioned her,” said the girl’s aunt.
The State also tendered a medical report which noted healed hymeneal tears and concluded there was evidence of vaginal penetration.
In his analysis, Mr Maturure said while medical evidence proved penetration, it did not identify the perpetrator or the date of the offence.
He further noted contradictions in the complainant’s evidence, the delayed reporting and her conduct the day after the alleged incident as undermining her credibility.
