- Court heard nurse raped patient at the clinic
- Patient had gone for attention after miscarriage
- Nurse claimed to examine the patient but raped her instead
- Magistrate convinced with complainant’s veracity
A 57-year old Zimbabwean man, Makinahill Munemo who is a nurse at Mabele Clinic was on Tuesday convicted of a single count of rape by the Kasane Magistrate’s Court.
Munemo is reported to have on February 1st 2023, had canal knowledge of a 27-year old woman of Muchenje without her consent at the same clinic in Mabele village located in Chobe District.
Munemo who pleaded not guilty to charge has previously argued that he is a professional and would not jeopardise his job.
When delivering judgement this week, Senior Magistrate Kose Makobo said she was convinced about the complainant’s veracity that the complaint raped her. She further stated that the reaction of the complainant by jumping off the examination couch to defend herself speaks volumes that the accused’s switch from medical examination to sexual intercourse.
“It is the complainant ‘s testimony that she screamed and attacked the accused and the evidence was confirmed by the accused himself and the two witnesses and that corroborates lack of consent,” she said.
The magistrate added that she was also satisfied with the complainant’s testimony of having been able to defend herself against the accused when she felt the accused’s penis penetration hence she grabbed his clothes and screamed for help.
“The evidence brought before the court is satisfactory to prove the case of rape against the accused beyond reasonable doubt,” she concluded. The nurse who was out on bail has since been remanded in custody pending mitigation and sentencing set for 20th July, 2023.
According to court papers, the complainant had gone to the clinic to see a midwife for routine check-up following a miscarriage. She is reported to have found the accused person at the clinic who then offered to her.
Munemo reportedly then took the complainant to the examination room for vaginal cavity examination where he ordered her to lie down on the medical examination couch and for her to also cover her face as he does the examination. It is said that the complainant eventually felt the penetration of the fingers in her vagina and immediately felt that of a penis.
The complainant is reported to have reacted immediately after feeling the penetration by screaming and grabbing the accused by his shirt and trouser. Two witnesses are reported to have then rushed into the examination room where they found the complainant still grabbing the accused.