A HARARE magistrate has thrown out rape allegations against a 56-year-old Mhondoro man accused of raping his 14-year-old stepdaughter — after the State failed to locate the complainant and conceded its charge sheet was fatally flawed.
Chamu Nyamavhuvhu, represented by Brian Kashangura, had his case withdrawn after he filed an application of exception to the charges.
The State alleged that sometime between March and August 2024, the complainant was asleep in a kitchen hut with her sisters when she woke up and saw the accused leaving the room.
It was further alleged that the complainant later noticed her inner garment lying next to her sisters and, disturbed by the discovery, she told her mother what had happened.
The complainant’s mother allegedly told her not to reveal the matter to anyone, warning that her stepfather can be arrested.
The complainant later revealed she had been raped on several occasions and had reported the abuse to her mother, who each time discouraged her from telling anyone else.
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On other occasions, Nyamavhuvhu allegedly promised the complainant he would marry her and give her all the proceeds of his tobacco sales.
The complainant eventually told her father, who accompanied her to the police.
However, Nyamavhuvhu, through his lawyer, filed an application for exception, arguing that the charge sheet lacked the specificity required to disclose a criminal offence.
He submitted that the State failed to clearly allege — with the required precision — the essential elements of the offence in relation to each alleged act, including when and where each incident took place and the precise circumstances under which the complainant did not consent.
His legal team also submitted that the medical affidavit relied on by the State bore the name of a different complainant, creating a real risk of convicting the accused without a medical report relating to the actual victim.
They further argued that Nyamavhuvhu was unable to properly plead to uncertain and ambiguous charges.
Magistrate Sandra Mupindu asked the State to amend the charges after conceding that the outline of facts did not disclose an offence.
The State, however, withdrew the matter after failing to locate the complainant.