Harare – A man accused of raping a Grade Seven pupil at the bustling Rezende Bus Terminus in Harare’s central business district has pleaded not guilty, claiming he is physically incapable of committing the crime. Givemore Mutape, appearing before Harare regional magistrate Fadzai Mthombeni, asserted that he lacks testicles and is therefore unable to engage in sexual activity.
During his trial, Mutape made an unusual request to the court, asking Magistrate Mthombeni to order a medical examination to substantiate his claims of impotence. He argued that a doctor’s assessment would prove his physical inability to commit the alleged rape.
The prosecution, led by Chido Gohori, presented a starkly different account of the events that transpired on July 19. According to the State’s case, the schoolgirl left her home around midday to collect money for extra lessons from her stepfather. The planned rendezvous point was at the intersection of Leopold Takawira Avenue and Jason Moyo Avenue in Harare’s CBD. She had been entrusted with US$10 for her lessons.
Gohori told the court that Mutape allegedly directed the girl to enter a parked white commuter omnibus, and she complied. The schoolgirl took a seat alone in the back of the kombi.
The State further alleges that Mutape followed her into the vehicle, locked the doors, and proceeded to rape her after covering her mouth with a white cloth. Following the alleged assault, the schoolgirl was released and made her way back home.
The matter came to light on July 21, when the schoolgirl’s uncle visited her school to complain about her late return home. Concerned, the schoolteacher interviewed the girl, and it was during this conversation that she disclosed the alleged sexual abuse.
However, Mutape vehemently denies the accusations, asserting that his physical condition renders him incapable of committing such an act. He contends that lacking testicles, he simply does not possess the capacity to rape anyone.
In addition to refuting the rape allegations, Mutape also challenged the State’s portrayal of him as a tout. He clarified to the court that his profession is repairing car radios. On the day in question, he claims he was working on a kombi radio at the Rezende Bus Terminus.
Mutape told the court that he was repairing a radio in a kombi belonging to a man he only described as Khule. He said the schoolgirl approached Khule who was waiting for him to finish the radio repairs.
He recounted that the schoolgirl approached Khule, who was awaiting the completion of the radio repairs. She greeted Khule and inquired about a rank marshal named Night Mashayamanja. Khule reportedly informed her that Night was unavailable and directed her to Mutape, who he described as a colleague of Night. Mutape added that he and Night attended the same school in their youth.
Mutape told the court that he advised the girl that he didn’t know Night’s whereabouts but was ready to take a message.
She allegedly told Mutape to tell Night that ‘his person’ was looking for him.
According to Mutape’s account, he informed the girl that he was unaware of Night’s whereabouts but offered to relay a message. The girl allegedly asked Mutape to inform Night that “his person” was looking for him.
He told the court that Night returned after an hour and he relayed the message and described the girl.
Night appeared to have recognised her from the description and asked for Mutape’s phone and he used it to communicate with the girl.
Mutape claims that Night returned approximately an hour later, and he relayed the message, providing a description of the girl. Night appeared to recognise her from the description and asked to use Mutape’s phone to communicate with the girl.
Mutape expressed his astonishment at being sought by the police, who used his WhatsApp profile picture to identify him, accusing him of raping the girl whom he had assumed to be Night’s girlfriend.
The trial continues, and the court will need to consider the conflicting accounts and determine the truth of the matter. The request for a medical examination adds a unique dimension to the case, raising questions about the defendant’s physical capacity and the reliability of the evidence presented.
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