Woman acquitted of ‘rape’

Brenda Zinyuke, Court Reporter

A 27-YEAR-OLD HIV positive woman from Bulawayo’s Emganwini suburb who was accused of “raping” her neighbour’s 16-year-old son has been acquitted.

 The accused person, whose identity has been withheld to protect the identity of the minor, was acquitted after Bulawayo magistrate, Mr Mafios Moyo ruled that there was nothing to prove she committed the offence.

Mr Moyo said according to the medical report presented in court, nothing was found in the complainant’s body to indicate that something happened to him.

 “Therefore, the question that remains is whether something ever happened between the complainant and the accused person. It was the complainant’s word against that of the accused person and as such I find the accused person not guilty,” said Mr Moyo. 

The woman was alleged to have indulged in unprotected sexual intercourse with the minor without his consent.

In her defence the woman said she could not have engaged in sexual intercourse with the minor knowing her HIV status.

 “I did not rape the complainant. How could I have slept with him knowing my HIV status? I am HIV positive,” she said.

Allegations against the woman were that on March 2 this year she forced the complainant to be intimate with her at her house.

The  woman had allegedly asked the complainant to help her carry firewood which had just been delivered outside her gate.

Whe the complainant entered the woman’s house to drink water, she allegedly forced him to be intimate with her.

The complainant later reported the sexual assault to the accused’s friend who then informed the complainant’s uncle, the court heard.

The alleged “rape” was subsequently reported to the police leading to the accused’s arrest.