“I just proposed my niece as I was the one keeping her. I never raped her. She accepted my proposal and that was how I started having sex with her”, Mr Nawa tells court.
The Choma Magistrate court has adjourned the case of a taxi driver accused of raping his niece with the opinion that the accused person is facing a wrong charge.
This is in a case where 39 year old, Gershom Nawa of Macha road compound appeared before Principal resident Magistrate Exnobert Zulu Friday morning for trial.
The accused person is alleged to have raped his 20 year old niece on 8th October 2019. The father to the victim is the biological elder brother to Mr Gershom Nawa, the man who raped the girl. In Tonga or Lozi, the girl calls the man ‘father’, batata bashoonto. Despite that, the man din’t mind and started sleeping with her to extent of impregnating her
Meanwhile, the victim Monica Nawa narrated in court how her uncle invited her to his bedroom and told her to undress as he was putting on a condom before having canal knowledge with her.
She further told the court that she felt bad after her uncle had sex with her as she narrated the matter to her aunty who later reported the case to the police station.
And the accused being represented by the legal Aid board lawyer told the court that the accused did not rape the complainant as she undressed herself which shows consent by the victim. The accused admitted sleeping with his niece but denied ever raping her. “No bantu ndakamwambauha buya mujwaangu nkaambo ndime ndalikumulela,
tendakamujata buya, wakandizumina chindatalikila koona anguwe (Your worship, i just proposed my niece as I was the one keeping her. I never raped her. She accepted my proposal and that how I started having sex with her”, Mr Nawa told court.
And Magistrate Zulu says he feels the accused person was supposed to be charged with incest and not the charge of rape he is fa