THE Lusaka Magistrate’s Court has acquitted a student at the University of Lusaka (UNILAS) who was accused of raping one of late president Michael Chilufya Sata daughters.
This is in a matter where Chokani Sakala of Lusaka’s John Howard was facing a charge of rape.
It was alleged that on November 6, 2017, Sakala had carnal knowledge of a 20-year-old woman without her consent in a car at a park.
Magistrate Irene Wishimanga found that the complainant (his lover) only reported Sakala to the police because she discovered that he was involved in a relationship with someone else.
During trial, the complainant had testified that the two had an argument about Sakala being involved in a relationship with another girl.
She said after arguing, Sakala started caressing her and when she resisted, he fumed.
The 20-year-old narrated that Sakala strangled her and, stripped her naked and had sex with her without her consent.
She said Sakala threatened to kill her and have sex with her corpse as he did not care.
But Sakala in his defence denied raping the victim, indicating that they had consensual sex as they were in a relationship.
Sakala affirmed that on the material day they had an argument over his other lover but they later reconciled with the complainant and had sex.
He told magistrate Wishimanga that whilst at a named pleasure resort (park) in Woodlands area, he prepared the complainant for sex.
Sakala said he continued to kiss and pleasure her with his hands until she ready and they had sex in the passenger’s seat of a car.
The student said after the sexual encounter, the complainant begged him for more as she demanded that he satisfies her again without using protection because she claimed that condoms caused her irritations.
He said he could not remember how many times they had sex but it was on several occasions.
Sakala further disclosed that whilst in the act, his other girlfriend phoned him and this sparked tension between them.
Delivering judgment, magistrate Wishimanga found that it was an afterthought for the complainant to report the matter to the police a day after the act as she only reported the matter because she was upset that Sakala had another lover.
She said the complaint and victim’s behaviour was not consistent as the pair had normal communication as though they were still in a relationship.
“What I find is that the complaint was upset that accused had an affair with another girl hence making up this story that she was raped. There is no collaborating evidence and the behaviour of the complainant is not consistent with a person who was rapped,” said the court.
“There was nothing stopping the victim from reporting the incident the same day as she had the time to bath and buy a morning after pill.”
Magistrate Wishimanga wondered why the State did not call witnesses, the first people the victim came in contact with such as the security guard at her boarding house and two of her roommates to whom she narrated the incident.
She further ruled that the State failed to prove the case beyond all reasonable doubt and found Sakala not guilty of rape and acquitted him.