A 45-YEAR-OLD Marondera man who allegedly raped and infected a woman with a sexually transmitted disease before promising to marry her to avoid arrest on rape charges was yesterday indicted in court for breaching a marriage promise.
by Jairos Saunyama
Gerald Kaombe was brought to court by the victim who claimed $10 000 in damages.
She claimed she was raped by Kaombe on November 16 2013 and the matter was settled out of court following negotiations between the two families.
Asked why she demanded $10 000 compensation, the tearful woman told presiding magistrate Jabulani Mzinyathi that her health had deteriorated due to the infection, adding that her uterus now required surgery to remove it.
She said during the rape, a birth control loop — intra-uterine device (IUD) — broke inside her womb resulting in her getting pregnant before the defendant took her to Bonda Mission Hospital against her will to remove the loop.
“Despite failing to honour the marriage promise, I need the money to seek medical attention for I am billed to have my uterus removed. I was infected with an STI while my IUD loop broke inside. I reported the matter to the police, but Kaombe approached my parents and pleaded with them to persuade me to withdraw the charges.
“He promised to marry me, but he has failed to honour the promise. My health is now deteriorating. I have been unwell after the incident and have been at different hospitals to get treated,” the woman said.
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Mzinyathi advised her to sue the nurses at Bonda Mission Hospital for conducting an illegal operation on her.
“This is a serious case, and I advise you to take legal action against the nurse who did the surgery. She is unqualified to do the job and such that I put to you to them rather than the defendant. The defendant did not do the surgery though he was behind it. But I tell you that the nurse and her superiors at Bonda Mission have a case to answer that will leave you with a lot of money than what you think,” Mzinyathi said.
But Kaombe in his defence yesterday said he made the marriage pledge under duress. The matter was postponed indefinitely to allow the woman time to engage a lawyer.