Twenty-year-old twin brothers from Chief Mukanganwi area in Bikita were acquitted of rape charges by the Masvingo Regional Magistrate’s Court. The siblings faced allegations of raping a 12-year-old girl as she returned from school. However, Masvingo Regional Magistrate Bishard Chineka found the case lacked sufficient evidence to convict the brothers.
The twins, neighbors to the complainant but not related, had been under scrutiny since their initial court appearance on March 13, 2024. Despite the grave accusations, they steadfastly maintained their innocence, citing an alibi that placed them at a work site six kilometers away from the scene at the time of the alleged crime. This alibi was corroborated by a witness present with them on the day, bolstering their defense.
Magistrate Chineka, in his ruling, highlighted the improbability of the brothers’ involvement given the circumstances and the timing of their work schedule. “It is reasonable that the complainant was raped by other people because on that day, the accused persons were molding bricks in their village, which is about 6 kilometers from where the complainant was raped,” Chineka explained. He further noted the absence of any direct accusation against the twins in the initial disclosure by the victim to her school teacher, casting further doubt on their guilt.
The allegations against the twins were harrowing, with the complainant asserting that after trying to evade the brothers, she was forcibly taken to a nearby bush, restrained, and raped by each brother in turn, under threats of violence should she disclose the incident. Despite these serious claims, the defense managed to present a compelling counter-narrative of their whereabouts, fundamentally undermining the prosecution’s case.
The incident has ignited a broader conversation about the challenges of prosecuting sexual assault cases, particularly those involving minors. Advocates for sexual assault victims stress the importance of thorough investigations and support for survivors, while also acknowledging the complexities that arise when evidence is scarce or contradictory.
In the aftermath of the acquittal, the community is left grappling with unresolved tensions and questions about justice, safety, and the adequacy of the legal framework to protect the most vulnerable. The case serves as a poignant reminder of the intricate balance the justice system must maintain between convicting the guilty and safeguarding the rights of the accused.