Nkosentsha Khumalo
Across the globe, countless individuals, particularly men, have been wrongfully convicted of rape based on false accusations.
This pattern of injustice reared its ugly head in Bulawayo Regional Court when Proud Nkomo, a 27 year old man from Inyathi, was accused of raping a 15 year old student.
However, in a remarkable twist of events, Nkomo was acquitted after the prosecution failed to prove its case beyond any reasonable doubt.
The victim’s testimony did not hold up under scrutiny, and her failure to report the alleged assault to her parents immediately after the incident raised red flags.
Proud Nkomo appeared in the Bulawayo Regional Court before Magistrate Elisha Singano, where he was declared not guilty and promptly acquitted of the rape charge.
The prosecution, led by Patience Sibanda, presented its case, alleging that in December 2021, at approximately 8 pm on an unknown date, Nkomo had followed a 15 year old student from Somvubu Secondary School (SSS) as she walked home from school.
According to the prosecution’s account, the 15 year old victim was not alone during the incident, but was in the company of her friend, Nomatter Moyo, a 22 year old.
The two young women allegedly encountered Nkomo outside the Ndiweni shops in Mahamba Business Centre.
When the girls noticed that Nkomo was following them, they became suspicious and decided to part ways at Majikijela Garage.
The prosecution alleged that Nkomo had been pursuing the younger girl with the intention of proposing love to her.
According to the state’s allegations, Nkomo pursued the 15 year old girl after she and her friend separated at Majikijela Garage.
They continued walking until they reached a bridge near Maqaqeni Village.
Upon reaching the bridge, Nkomo allegedly approached the teenager and asked for permission to carry her satchel. After the girl agreed, he is said to have demanded sex in exchange for returning the satchel.
The girl, however, reportedly refused his advances, citing that she was HIV positive.
The state’s account further claimed that Nkomo did not become aggressive or violent when the girl turned down his sexual advances, despite his apparent intention to rape her.
He allegedly claimed to have protectors, though it is unclear what he meant by this statement.
The prosecution asserted that Nkomo continued to follow the teenager as she neared her home, even after they had left the bridge.
They allegedly reached maize fields near a bush, where he attempted to force himself on her.
According to the state’s case, Nkomo used protectors during the alleged rape and subsequently fled the scene.
The girl who reportedly was distressed by the ordeal, reported the incident to the Headmaster of Somvubu Secondary School, Mr N Ngwenya.
This prompted an investigation into the matter, which ultimately led to Nkomo’s arrest by the police.
However, during the trial, the state’s case was called into question as the prosecution failed to provide sufficient evidence to prove its claims beyond reasonable doubt.
The lack of any physical evidence such as bruises or signs of rape, as confirmed by a medical report, undermined the state’s narrative.
Another aspect of the case that cast doubts and raised eyebrows on the state’s claims was the fact that the 15 year old girl chose to report the alleged assault to her school’s Headmaster rather than her parents.
This behavior was seen as atypical by the court, as most victims of sexual violence would normally turn to their parents for support and to seek justice.
The combination of these factors led to the accused person, Nkomo being found innocent of the rape charge, a verdict that may offer some relief for him after the stress of facing false accusations.
Zim GBC News ©2024