“We had sex, it was consensual!’ insists suspect
A young HIV/Aids councillor at Masego clinic in Tonota is accused of raping a patient while at work last Thursday afternoon.
The suspect, 26-year-old Emmanuel Malomo, appeared before Francistown Magistrates Court the following day, where he was charged with one count of rape and remanded in custody.
Malomo works for Humana People to People, a Non-Governmental Organisation (NGO) active in 45 countries across the globe. The non-profit association, whose headquarters are in Zimbabwe, is committed to tackling the world’s major humanitarian, social and environmental challenges.
Malomo was employed as a linkage officer seconded to Tonota. His job was to monitor HIV/AIDS patients, follow defaulters and re-enroll them.
When given the chance to address court, Malomo, who chose to represent himself, admitted having sex with the complainant but claimed it was consensual.
“I failed to control myself. There was no resistance from the complainant. I even asked her to forgive me as she was shocked,” the accused rapist told court.
“She then went home and returned later with her sister. She was not putting on the same clothes that she was wearing before,” continued Malomo.
Presiding over the case, Chief Magistrate, Faith Dlamini-Ngandu warned the suspect he was in danger of implicating himself with such talk.
She reminded Malomo he had not been asked to give a plea, stressing, “You should stick to bail. Reasons being the case is fresh, you have not been asked if you are guilty.”
However, Prosecutor Kenneth Edward maintained the matter was too fresh to consider bail.
“The investigations are ongoing. The offence occurred yesterday afternoon at the accused’s workplace. I plead that the issue of bail be considered after lockdown as we are still recording statements from the possible witnesses,” noted the Prosecutor.
Edward’s got his wish and the suspect was duly sent to prison.
“The accused will remain in custody for the period of lockdown or state of emergency, whichever ends first. They will find a date so you will be told the date to come to court and be notified of the investigations,” concluded Magistrate Dlamini-Ngandu.