A HARARE man accused of r_aping a co-tenant’s wife has escaped jail after being convicted of a lesser charge as it emerged the two were lovers.
Magistrate Hosea Mujaya earlier this week convicted Nkosilathi Sibanda of indecent assault, quashing the initial r_ape charge.
This was after the court established that Sibanda and the complainant were having an affair.
Sibanda was convicted of indecent assault after he admitted ki_ssing and f0ndling the complainant.
The court sentenced him to two months imprisonment with an option to pay $300 fine.
A further three months were wholly suspended on condition he does not commit the similar offence in five years.
Magistrate Mujaya said the woman fabricated r_ape charges against Sibanda to save her marriage after she almost got caught committing adultery.
The court also concluded that the complainant prompted the assault after telling her attacker that she “was h0rny”.
Sibanda made headlines late last year after it was claimed he crept into his co-tenant’s bedroom at night, taking advantage of the dark and the absence of the complainant’s husband to rape her.
Prosecutors alleged that the woman fell for his tactics thinking that it was her husband and responded by ki_ssing and care_ssing him for about eight minutes before they got inti_mate.
The victim said Sibanda’s pe_nis felt different from her husband’s which made her realise that she was being inti_mate with an imposter.
Again, although the complainant could feel the weight and scent was different, she ignored that as she was expecting her husband to be home at the same time the assailant entered the room.