A MAN from Pumula North suburb in Bulawayo facing allegations of raping a married woman who was on her way to “rescue” her mother at midnight was yesterday acquitted after a magistrate ruled that the two had consensual intercourse.
Regional magistrate Sibongile Msipa-Marondedze acquitted Freddy George Josam, 31, as the State had failed to prove that he raped the woman.
The woman claimed that she asked her husband to escort her and when he refused, she went alone and met the alleged rapist on her way to her parents’ home.
Magistrate Msipa-Marondedze said it was clear that the 22-year-old woman had consensual s.ex with Josam though she tried to claim she was raped.
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“I asked this woman out and she agreed and we had s.ex hours later in a bushy area near Pumula High after I bought her a packet of chips.
We also had intercourse the next day and that’s when she started crying claiming that she is a married woman who was having marital problems,” said Josam.
“I even accompanied her to the shops at one point and all was well until I got arrested for allegedly raping her. She had the guts to leave her husband sleeping at home at midnight in order to see me because we were in a relationship.”
The woman’s father took to the witness stand and confirmed that her daughter had marital problems.
Prosecuting, Concilia Ncube said on October 26 last year, the woman left her house heading for her mother’s house.
“While she was on her way, Josam ran after her and grabbed her from behind before stabbing her twice on the shoulder with an unknown object,” said Ncube.
“Josam forcibly pulled down the woman’s pair of trousers and panties and ordered her to bend over. He thereafter dropped his pair of trousers to knee level and raped the woman once.
“After the assault, the woman proceeded to her mother’s house where she informed her parents who accompanied her to the police to make a report leading to Josam’s arrest.”