A 23-year-old Fort Rixon man who allegedly raped a 62-year-old woman and fell asleep on top of her has been found not guilty and acquitted. Trymore Dube who pleaded not guilty to the charge of rape before Bulawayo magistrate Mrs. Sibongile Msipa- Marondedze told the court that he had an affair with the granny, Margret Moyo.
“We were in love and we had se_xual intercourse for over four times on different occasions. I work as a gold panner and I used to give her money to buy food. I was not going to fall asleep if I had raped her and she is actually the one who opened the door for me,” Dube said.
Dube further told the court that he was shocked when he was attacked by the mob because that had consensual se_x with his ‘sweetheart’ before he dosed off.
“I was surprised when I was attacked by the mob on allegations that I raped Margret as we both agreed to have se_x and I fell asleep after the se_xual encounter. I think she got angry because on that day she wanted $20 but I gave her $10 and assured her that I would give her another $ 10 on the following day,” he said. In passing judgment magistrate Mrs. Msipa-Marondedze said the state had failed to prove a rape case against the accused and cleared him of the crime. She said the victim failed to give evidence that linked the accused person to the crime. “The victim did not make a police report on time. She did not tell the witnesses the truth as she said there is someone naked in the house.
If you get raped the first thing you tell people is that I am raped rather than saying other stories. Surely, f this man rapped you, your grandchildren were supposed to wake up when he was banging the door,” she said. “I also asked the complainant several times whether she was raped but she ran away from my questions. I would also like to warn you Dube, stay away from the things that will end up dragging you to court or else next time you will go to jail,” said the magistrate.
In her futile attempt to get the accused behind bars, Margaret maintained that she does not know the accused but confirmed receiving money and relish from him. “I don’t know him but he uses to come to my homestead and give me money and meat because I am the poorest person in our village,” Margaret claimed. The state’s case as presented by the prosecutor was that the accused person raped the woman as her two grandchildren watched on 3 December at her homestead.
He allegedly forced open the bedroom hut and lit a torch before threatening to kill the complainant and her grandchildren with an axe if they dared call for help. He was alleged to have declared that he wanted to have se_x with her to a point of exhaustion and that she would tell the village about her night of ‘wonderful se_x’. He allegedly raped her once without protection and fell asleep. When the complainant noticed her attacker had dosed off she allegedly carefully pushed him to the side and he slept like a baby. She then fled from the room naked to look for help. Four villagers responded to her call and they found the accused with his pants at knee level and took him to Shangani mine police base.