Iuze Mukube

A 46-year-old man accused of raping a minor denied ever having sexual intercourse with the girl, either on the day of the alleged rape incident in January 2021, or on any other day.

The accused, who shall not be named to protect the minor, testified yesterday during the commencement of his defence before Windhoek High Court Judge Naomi Shivute.

He is facing seven charges, including five counts of rape, alternatively committing or attempting to commit a sexual act with a child under the age of 16 years, and two counts of attempted murder.

The accused testified that on 28 January 2021, when the alleged rape incident occurred, he was on leave for two days. However, he said that he was never alone with the minor during that period, as her mother was always present.

He further testified that he was experiencing relationship problems with the minor’s mother, with whom he was romantically involved, particularly over money.

According to the accused, he had told the mother on more than one occasion to leave his house because of their relationship problems.

He claims that she responded by telling him that “you will see, you will lose your house and your job.”

The State alleges that the minor reported to her mother that she had been raped, after which the mother confronted the accused.

The accused allegedly reacted by hitting the woman on the head with a panga and striking the minor on the neck and arm with the weapon, allegedly with intention to kill both.

The accused, however, denied having a panga at his house, saying he never owned one.

He further testified that when rumours surfaced about him borrowing money, the minor’s mother allegedly told him that she would plan to ensure that he lost his job.

The accused attributed the injuries sustained by himself, the minor and the mother to a physical altercation between him and the mother, which he said escalated when the minor attempted to stop the two from fighting.

He added that the three of them sustained the various injuries after becoming entangled with the zinc structure of his residence during the scuffle. He testified that the case against him was based on lies, saying that there was no evidence proving that he inserted a stick into the minor’s forbidden area.

He said that if an older man like him had sexual intercourse with a 10-year-old child, there would have been evidence of it.

“I did nothing. It was just a lie made against me. I told her [the mother] to leave my house because of our relationship problems,” he said.

He further claimed that the minor’s accusations had been instigated by her mother because of their relationship problems.

He reiterated that the mother had, on several occasions, threatened that he would lose his house and his job.

He testified that he regarded the minor as his daughter and had raised her as such.

He denied ever having any sexual attraction towards her.

“It hurts me that the people I took care of have landed me in this situation,” he said.

The accused also responded to the State’s question during cross-examination regarding the minor’s medical evidence.

Although the State said that the minor was examined days after the alleged sexual encounter and was found to have bruising, the accused reiterated that the allegations and subsequent events had been instigated by the mother.

The State alleges that the accused and the mother of the minor were involved in a romantic relationship and resided together with the minor, who was 10 years old at the time of the incident.

From January 2021, the accused allegedly began engaging in several sexual acts with the minor under coercive circumstances.

The State alleges that on two separate occasions, the accused gave the complainant N$50 and N$20, respectively, after engaging in the unlawful act.

Subsequently, at one time, after engaging in the sexual act, the accused allegedly inserted a stick into the fornix of the complainant and tied her mouth with a cloth.

The accused is represented by Joseph Andreas, and the State by Palmer Khumalo.

The matter continues.