A bid by a 53-year-old Beitbridge-based cross-border transporter to stop his trial for raping his daughter over three years from August 2020 when she was 13 now goes to the defence after the local regional magistrate dismissed his application for discharge after the State made its case.
Beitbridge Regional Magistrate Mr Innocent Bepura ruled that the man had a case to answer and so has to be put on his defence from tomorrow.
Through his lawyer, Mr Muchineripi Nhire, the father is denying three charges of rape.
The man is accused of raping his daughter from the previous marriage and colluding with his new wife to illegally abort the resulting pregnancy in December last year.
The 47-year-old stepmother has already been jailed for four years for causing the illegal abortion.
Prosecuting, Miss Tsitsi Mutukwa said that in August 2020, the father arrived home at night and found the 13-year-old daughter in the company of her stepmother and other children.
Later that evening, when everyone retired to bed, he stayed with her and helped her with school holiday work. He caressed and raped her while she sat on his lap.
The man tried to rape the girl in her bedroom in October 2022, but failed after finding that her elder sister was also sleeping in the same room. But he raped her again in September 2023 after creeping up on her when she fell asleep while watching a programme on the television.
Later that month the girl realised she was pregnant and told a church leader in November who reported this to a local pastor. On December 3 last year the stepmother discovered the pregnancy and questioned the girl.
When she heard that the father was involved, the stepmother bought some medication to terminate the pregnancy as a way of concealing the offence.
The abortion came to light when one of her friends told the religious leader and the matter was then reported to the police. She was taken to Beitbridge District Hospital for medical attention and check.
The couple was arrested and the medication used in the illegal abortion was recovered from their house.
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