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Rape Accused Claims Victim Agreed To Sex

A Motswana man, accused of raping a 43-year-old Zimbabwean woman in 2015, has told the Broadhurst Magistrate Court on Thursday that the sexual encounter was consensual.

The accused claimed that the victim decided to report him to the police after he took the P200 note he gave her to look for change to pay the agreed amount.

When given the opportunity to cross-examine the victim after her testimony before Magistrate Gaseitsewe Tonoki, the accused person claimed that the victim agreed to have sex with him.

“You reported me to the police, because I took the P200 I had given to you to look for change at a certain shebeen in an area popularly known as Matlapeng in Nkoyaphiri location in Mogoditshane,” the accused person claimed.

He claimed that after having the agreed to sex, he gave the victim P200, but she said she only needed P100. He said when he tried to take the P200 note from the victim to go and look for change she refused to give it back.

“I stabbed her with a knife because she was refusing with the money. You are not telling the truth, you agreed to sex that night, I did not rape you,” he said.

The victim had earlier told the court that on the night of January 31, 2015 at around 10pm she was attacked and raped by the accused.

“I was walking from my boyfriend’s place. We (me and my boyfriend) had an argument earlier at my place, and he drove to his place. I followed him walking, on arrival the argument continued and I decide to walk back to my place, and that is when on the way I heard footsteps like someone was following me running. Looking back, I saw the accused approaching, and he attacked me, dragged me at knifepoint and instructing me to go with him. Whilst dragging me, two men approached us chatting in Shona language, I requested for their help, but the accused person told them that we were in a love relationship and they should not interfere,”

she said.

The victim said she tried to deny not knowing the accused person, but he insisted that “we were lovers” and they should not interfere in matters that they did not know.

“The two men passed. Whilst still struggling with him, he stabbed me twice with a knife on the right shoulder. He then dragged me to a nearby passage closer to the yard with a hedge planted closer to the fence. There was a hedge that had fallen. He instructed me to lie down on it and raped me, changing sex positions. He told me that I was his wife for that night, speaking in Kalanga,” she said.

She also told the court that after that unpleasant incident, he instructed her to go with him and whilst walking, they entered a house that was under construction and he raped her again.

“Then he asked me if I was staying at Matlapeng, but I denied pointing the other side of the village as I suspected that he might knew me as I knew him.

He then told me to go and I went back to my boyfriend’s place and told him that I was attacked pleading with him to take me to the clinic. Whilst on the way to my place to take my medical cards, I saw the accused person getting into the popular shebeen, and I told my boyfriend that he was the man who attacked me,” she said.

The victim said her boyfriend followed him, drove closer to the shebeen to identify him properly and then proceeded to the police station to report the matter. The police followed him there and arrested him.

“When searching his pockets, they discovered an Okapi knife with blood and a screwdriver. His jacket also had blood stains,” she said. Trial will continue on February 1, 2018 where state prosecution we call forensic experts to give evidence.




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