Friday, 4 December 2020


A Mutare woman who was facing two charges of raping her step-son was recently acquitted due to lack of substantial evidence.

In her ruling, Mrs Lucie-Anne Mungwari said there was no evidence linking Patience Musabayana to the offence.

Musabayana was facing two counts of rape charges as defined in Section 65 (1) (a) of the Criminal Law (Codification and Reform) Act, Chapter 9:23.

Mr Last Goredema prosecuted, while Mr David Tandiri of Tandiri Law Chambers appeared for Musabayana.

“The evidence that was brought before the court does not warrant a conviction. There were a lot of loopholes in the witnesses’ accounts. Witnesses who were called to testify gave conflicting statements,” said Mrs Mungwari.

In his application for discharge, Mr Tandiri submitted that the rape report was a cover up of Musabayana’s husband’s rape charges that are currently before a Harare court.

The businessman is alleged to have raped his daughter while Musabayana was in Mutare with her step-son.

The defence argued that when Musabayana made a police report on the Harare rape case, her husband’s first wife made a counter report claiming that Musabayana had raped her son.

Mr Tandiri argued that the matter was fabricated, highlighting that there inconsistencies in the witnesses’ testimonies.

Allegations in Musabayana’s case were that sometime in 2016, she sexually abused her 12-year-old step-son on two occasions. Manica Post


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