A Parirenyatwa Hospital nurse aide, who had accused a mortuary attendant of raping her, was yesterday castigated for falsely reporting her part-time lover out of shame after being caught literally panties down having sexual intercourse inside a morgue.
Harare regional magistrate Memory Chigwaza acquitted Tapiwa Goto (26) saying the complainant was not a credible witness.
The court ruled that the complainant only decided to file rape charges against Goto after the latter’s friend, Stan Chikonde, caught them in a compromising position inside the mortuary.
“Complainant did not alert him (Chikonde) about the sexual act.
“Instead, she combed her hair and arranged her clothing,” Chigwaza said.
“It would appear the complainant consented to sexual intercourse and after she had been caught red-handed having sexual intercourse in the mortuary, this may have caused her to report rape out of shame as she was married, pregnant and with a child,” the magistrate said.
Chigwaza said she wondered why the complainant did not scream to alert people taking into account it was in a hospital.
“The court does not believe complainant that had she screamed no one would have come to her rescue as people would assume someone’s relative had died.
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“A cry for help for someone in danger is different from a cry for a deceased relative,” Chigwaza said.
The magistrate said since complainant did not scream, the court believed Goto that the woman willingly got into the mortuary to have sexual intercourse with him.
“If she had been raped, there was no reason for her to agree for compensation in order for her not to report to police. There was nothing for her to negotiate with a rapist,” Chigwaza ruled and pronounced Goto not guilty and acquitted him.
After the judgment, Goto could not contain his joy as he smiled, thanked the court and walked out of the dock.
Goto was arrested and charged with rape in October last year, after the woman accused him of dragging her into his office situated in the morgue and raping her.
But, Goto maintained throughout the trial that sexual intercourse with the woman was by consent. Tinashe Kanyemba prosecuted.
