A BULAWAYO man charged over an alleged sex attack on a married woman from his church has applied to the courts to dismiss the rape charges.

Hudson Mazonde, a single father of five, arranged to meet with the 29-year-old teacher during a funeral and later raped her after inviting her to his home to watch a movie, say prosecutors.

But Mazonde, through his lawyer, Robinson Mahachi, yesterday applied for a discharge and a verdict of not guilty stating that he had consensual sex with an adulterous woman who was framing him to save her marriage.

Mahachi told regional magistrate Chrispen Mberewere that the State's case was weak in that all its witnesses, inclusive of the woman's husband and medical doctor, failed to give evidence that Mazonde committed the crime.

"On July 10, this woman stated that she got into town at 2PM to collect her daughter knowing very well that the girl knocks off at 1630PM. The truth of the matter is that she got into town early because she had planned to visit my client. She told this court that they went straight into the bedroom on arrival, but Your Worship it is very unlikely that a married woman of her age would simply go straight into a man's bedroom without questioning why they are leaving the sitting room," said Mahachi.

He also argued that the alleged victim cannot recall the title of the movie or what was playing on the television and this showed that the two where "absorbed by other things rather than watching the said movie".

"She told this court that my client was one-and-a-half metres away from her in the bedroom and that he started making sexual advances. However, she did not tell the court whether she tried to exit the bedroom. She said she found herself on the bed but didn't tell us if she was pulled to the bed or whether she got onto the bed on her own. She also claims that my client was the one who removed her socks and panties, but she is not clear how the other clothing was removed," he said.

He also said it was unbelievable that the woman failed to scream for help.

"She didn't tell us what she was doing as my client was allegedly putting a condom on or removing his trousers. She even told the court that she told my client her private parts were dry and one wonders if such casual talk is usual in a rape act," said Mahachi.

The State led by Trust Muduma asked magistrate Mberewere to allow time to respond to the submissions made by the defence and the case was postponed to Monday.

Taking the witness stand, the woman's husband (name withheld for legal reasons) told the court that his wife was very disturbed on the day she alleges she was raped.

"I asked her the following morning before going to work why she appeared so disturbed, and she then told me that she had been raped by Hudson. I believed her and we made a report," he said.

The alleged victim appeared in court a few weeks ago and told magistrate Mberewere that she had pleaded with Mazonde to use protection as she feared contracting HIV.

"He pinned me to the bed and tried to force himself on me. When I realised that he was overpowering me, I asked him if he was going to rape me without a condom. I don't even know his status," she said.

She also told the magistrate that she was too shocked to scream when Mazonde forced her to have sex with him. She said Mazonde forced her to get on her knees while on the bed, before using doggie style to rape her.

Muduma told the trial that Mazonde had raped his church mate after she accepted his invitation to come and watch a movie with him at his house, in his bedroom.

The court was told that on July 10 at around 2PM, Mazonde contacted the school teacher and asked her to come over to his house so they could watch movies. She accepted.

It is alleged that when she got into the house, Mazonde started "acting funny" before he invited her to his bedroom, but she allegedly refused. He then reportedly used force on her and allegedly raped her once.

She later informed her husband of the ordeal and the couple made a police report.


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