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Mashudu Netsianda, Senior Court Reporter

A PLUMTREE security guard jailed for 40 years for raping his maid 19 times at knife point over a period of 13 days and impregnating her, has approached the High Court challenging his conviction and sentence.

Rudolph Chirape (33) of Dingumuzi suburb raped the maid as his daughter (2) watched on some occasions.

The maid suffered a miscarriage.

Chirape, a father of three, was convicted of 19 counts of rape by the then Bulawayo regional magistrate Mr Chrispen Mberewere in November 2016.

Chirape is serving an effective 30 years in prison after the magistrate conditionally suspended 10 years for five years. 

 In his bail statement, Chirape, who is a self-actor, argued that the sentence was harsh and induced a sense of shock. 

He said the magistrate misdirected himself when he accepted the complainant’s testimony, arguing that it was inconsistent. “The lower court erred by accepting the complainant’s false testimony. The magistrate failed to analyse the complainant’s testimony in which she claimed that I invited her to the lodge and she accepted knowing fully well that I intended to rape her,” argued Chirape.

He said the complainant’s version of the story was laced with lies, arguing that he was in a love relationship with the maid. “The lower court also erred and misdirected itself by not allowing me to retrieve the WhatsApp love messages that I had with the complainant,” said Chirape.

The magistrate, in his grounds of appeal, said the court did not deny Chirape an opportunity to present his evidence.

“The appellant (Chirape) presented WhatsApp chats from a conversation he had with the complainant which failed to demonstrate that he was known to be in a relationship with the victim. The court also found that the complainant did not know that it was a lodge that she had been taken to as she was made to believe that it was a new house that the family had acquired. The court dealt with all pertinent issues in its judgment,” said Mr Mberewere.

The State is yet to respond to the application.

In papers before the court, Chirape is said to have ordered the domestic worker to accompany him to clean a new house at Dingumuzi suburb on June 8, 2016 at around 6AM.

 The victim took Chirape’s daughter and they went to the new house. While inside, Chirape ordered her to put the baby down and grabbed the woman’s right hand pulling her down onto the floor. 

She tried to fight but the accused produced a knife and threatened to kill her. He then raped her once.

Chirape threatened to kill the woman if she told anyone about the sex attack. On June 9 at around 7AM when Chirape’s wife had left for work, he ordered the victim to come into his bedroom where he raped her at knife point.

 On June 10 and 11 Chirape again raped the woman at knife point. On June 15, Chirape sexually assaulted her once more and threatened to harm her if she told anyone. 

Six days later, Chirape came into the house from shops. He entered the kitchen and lifted the woman up and went with her to his bedroom.

He raped her while holding a knife to her throat. While this was happening, the accused’s baby was watching and crying.

On June 25, the maid told Chirape that she suspected that she was pregnant. The accused ordered her to drink a washing powder to terminate the pregnancy but she refused.

The complainant remained silent fearing for her life but on June 27, she gathered courage and phoned her cousin informing her about the issue. The matter was reported to the police leading to Chirape’s arrest. The complainant was sent to Plumtree District hospital where she was medically examined and a medical report was compiled. It was also confirmed that she was pregnant. – @mashnets