A teacher stationed at Mzilikazi High School in Bulawayo who was dragged before the courts on allegations of sexually attacking a 16-year-old pupil has been acquitted of rape charges by the courts.
Bulawayo magistrate Mathew Mutiro recently acquitted Adolf Mutsungo (36) after a full trial. He was represented by his lawyers Task Vhiki and Mary Nyika of Macharaga Law Chambers. In acquitting Matsungo, the magistrate stated that the State failed to prove its case beyond a reasonable doubt. However, the court acknowledged his defence of being in love with his student.
The court heard that the teacher in question would rape the student on some occasions. However, the student never reported these incidents to either the school authorities or the police.
The court further heard that the student frequently visited the teacher in his storeroom, even though he was not teaching her any subjects she was learning at the school. The court also concurred with Mutsungo’s defence that when the student visited his office they would engage in sex and they were lovers.
The magistrate said the student was bitter after she discovered that Matsungo impregnated a former student and had set up a home together. According to Matsungo’s testimony, sometime in 2023 from the beginning of the term he was in a love relationship with the 16-year-old student.
He also said during the second term the student stopped coming to school, only to return in the second week of the third term and the two resumed their love affair. He further said during the same week they had consensual sex in his office.
Matsungo told the court that their love affair turned sour when the student disclosed that she was impregnated by her boyfriend who stays in Mzilikazi suburb and terminated the pregnancy. After that Matsungo told the court that he threatened to end the affair.
Following that, Matsungo said the student in question confronted him and accused him of having impregnated a former student at the school. He said after that the student threatened to punish him.
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Allegations against Matsungo were that on a date not known by the prosecutor but sometime in September last year, he told the student to accompany him to his office to fetch a cell phone so that she could capture images for her Continuous Assessment Learning Activities (CALA) programme.
It was alleged that the student fetched the phone and went on to capture images of her CALA in the class. When she returned it to his office Matsungo was alleged to have grabbed her and carried out the sexual attack.
The matter was reported to have come to light when another teacher at the school noticed behavioural changes in the student and quizzed her leading her to reveal that she was allegedly raped by Matsungo. The matter was reported to the police leading to the arrest of Matsungo.
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