1. The accused person is a male adult who resides at number 13111 Glenview 8 Harare. He is a prophet with the Goodness and Mercy Ministries Church Glenview Harare.
2. The complainant Rutendo Makuti is a female adult aged 33 years who resides at number 996 Mt Pleasant Heights Marlborough Harare. She is employed by ZBC Mbare Studios as a radio presenter and producer.
3. The two are former lovers and had known each other since the days the accused had some music projects with the complainant at the complainant’s workplace.
4. Sometime in November 2019 the complainant’s husband got sick. The complainant approached the accused person for financial assistance. The accused person gave the complainant $2 500-00 for free in order for her to foot her husband’s medical expenses.
5. The complainant accompanied her husband to Karanda hospital for treatment where he subsequently passed away. The accused person assisted the complainant by meeting transport expenses for the transportation of the accused person from Karanda hospital to Harare.
6. After about three months the accused person proposed love to the complainantbut the complainant refused because her tradition could not allow her to indulgein other love affairs before the cleansing of the death of her husband.
7. In November 2020 at an unknown date the two went to the complainant’s rural home in Chiyendambuya to see the complainant’s child. That same day at around 1930 hours the two reported back to Harare at the accused’s home. Whilst there the accused went straight to the complainant’s bed.
8. After some few minutes the accused person stood up and faced the complainant. He told the complainant that he was now her husband. The complainant denied the offer. Despite the complainant’s refusal the accused person went on to remove his belt, thirt and pair of trousers. Taking advantage of the complainant’s amputated left hand, the accused person forcefully placed the complainant on the bed. He removed the complainant’s skirt, pant and lied on her whilst she was facing upwards. The accused inserted his erected penis into the complainant’s exposed vagina and raped her once without her consent. The complainant cried for help but no one heard her because of the distance between her bedroom and that of the next person.& After the rape the accused person asked the complainant to consider him as her husband from that time on. He also promised to look after the complainant’s child but she denied the offers. The accused then threatened the complainant with his spiritual powers citing that the complainant’s God is not the same he believes in. At about 2200 hours the accused person left to his home.
9. The following morning the complainant informed his uncle Murambiwa WitnessBungu about the ordeal. His uncle advised her to report the matter to the policebut she did not, fearing for her reputation. And also the threats from the accusedperson.
10.Since then the accused person would come and had sexual intercourse with the complainant only during her menstrual periods. Everytime the accused would have sexual intercourse with the complainant the complainant would notice some bleeding cuts on her thighs.
11.In July 2021 the accused person visited the complainant again. He tried to have sexual intercourse with the complainant but the complainant discovered that the accused’s penis had a sore. The complainant denied to have sexual intercourse with the accused person. The accused person went to hospital for a medication. The following day the accused person came again and forced the complainant to have sexual intercourse with him without protection and a sore on his penis.
12.The accused person would force the complainant to pay his songs more often than other artists. He would also deny her association with her work mates, friends and other people. He would also insult the complainant at her workplace and disturb her from her duties
13.In August 2021 at an unknown date the accused invited the complainant at Moja Shopping Centre where a conflict ensued between the two which resulted in the accused person slapping the complainant on the face and pushing her down and nearly overrun her with his motor vehicle.. After the assault the accused pleaded with the complainant after the assault and promised to assist the complainant with money for medication. However the complainant turned down the offer.
14. The complainant sought counseling from the Family Support Trus can be invited as a witness in this case. The counselor
15.The complainant subsequently filed a report with the police.
16.On the 15th day of November 2021 the complainant was medically examined andthe medical report can be produced in court as an exhibit number”
17. The accused acted unlawfully.