Harare – The trial of Givemore Mutape, a tout accused of the harrowing rape of a Grade Seven pupil at the bustling Rezende Bus Terminus in Harare, has taken an unexpected turn. As the trial unfolded at the Harare Magistrates Court, the State has applied for the court to summon a medical expert to examine Mutape, following his surprising defence that he is physically incapable of committing the crime.
Mutape, who pleaded not guilty at the commencement of the trial on Monday, has asserted that he is handicapped and therefore unable to engage in sexual activity. This claim has prompted Prosecutor Chido Gohori to request that the court appoint an expert to conduct a thorough examination of the accused. The aim is to determine whether Mutape’s alleged condition would, in fact, preclude him from achieving an erection and engaging in sexual intercourse, as he claims.
According to the prosecution, the incident occurred while the girl was at the Rezende Parkade rank, attempting to board a commuter omnibus to Marlborough, a suburb of Harare. It is alleged that a group of touts began obstructing her from entering the kombi she intended to board. At this critical moment, Mutape allegedly approached the girl, feigning a desire to assist her. He then allegedly instructed her to enter a parked, white commuter omnibus, and she complied with his instruction.
Once inside the kombi, the complainant took a seat alone on the back passenger seat. Mutape then allegedly followed her into the vehicle, locked the doors, and proceeded to rape her after placing a white cloth over her mouth to silence her.
Following the alleged assault, the child was released and made her way back home. The matter only came to light two days later, on the 21st of July, when the complainant’s uncle visited her school and raised concerns about her having returned late from town on the day in question. This prompted her teacher to interview her, during which she disclosed the horrific sexual abuse she had allegedly endured.
In his defence, Mutape has vehemently denied the offence. He has told the court that, contrary to the State’s assertion that he is a tout, he actually works as a car radio repairman. He claims that on the day in question, he was working on a commuter omnibus at the rank.
Adding another layer to the complexity of the case, Mutape has urged Magistrate Mthombeni to summon a doctor to examine him, insisting that a medical assessment will prove his inability to commit the crime. He told the court that he was repairing a radio in a kombi belonging to a man named Khule.
Mutape claims that the school girl approached Khule, who was waiting for him to finish the repairs, and greeted him before asking for a rank marshal known as Night Mashayamanja. Khule allegedly informed the girl that Night was not available and directed her to Mutape, who he knew was acquainted with Night.
Mutape told the court that he informed the girl that he did not know Night’s whereabouts but offered to pass on a message. She allegedly instructed Mutape to tell Night that “his person” was looking for him.
The accused further stated that Night returned approximately an hour later, and he relayed the message from the school girl. According to Mutape, Night appeared to recognise her from the description and asked to use his phone, which he then used to communicate with the girl on the 19th of July.
Mutape told the court that he was taken aback when the police came looking for him, using his WhatsApp profile picture and accusing him of raping the girl, whom he had assumed to be Night’s girlfriend. He maintains his innocence and claims that he has been wrongly accused.
The request by the State for an expert medical examination of Mutape is a significant development in the trial. The outcome of this examination could have a crucial impact on the proceedings, potentially influencing the magistrate’s decision on whether to accept Mutape’s defence of physical incapability.
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