Zimbabwe Man Walks Free After High Court Overturns 20-Year Rape Sentence Over “Flawed” Evidence

High Court Overturns 20-Year Rape Sentence In Zimbabwe

A Zimbabwean man has walked free after the High Court overturned his 20-year jail term for rape. The court blasted the lower court for convicting him on what it described as “speculative and flawed” evidence. William Smoko had been convicted of raping a 34-year-old woman from a neighbouring village in Mudzi.

The judges of appeal, Justices Esther Muremba and Deputy Judge President Munyaradzi Mawadze, delivered the ruling that set Smoko free on 20 October 2025. They found that the State had completely failed to prove its case beyond a reasonable doubt. The court highlighted that the complainant’s story was riddled with inconsistencies and major credibility gaps.

Prior Feuds Cast Shadow on Motives

New Zimbabwe reports that the court heard that the alleged incident occurred after a long-running feud between Smoko and the complainant. The dispute was over a faulty cellphone and a missing shovel. The woman had accused Smoko of cheating her in a phone swap deal. She later accused him of stealing gold ore from her husband’s artisanal mining venture.

The High Court stated that these prior disputes cast a serious shadow over the complainant’s motives. Justice Muremba ruled that the history between the two parties raised legitimate concerns about the truth of the allegations.

“These circumstances cast a shadow over her motives and raise legitimate concerns about possible fabrication of the rape allegations,” Justice Muremba said.

Implausible Story and Missing Evidence

The court described the complainant’s version of events as “both contradictory and implausible.” It noted she claimed Smoko assaulted her in broad daylight. She then reported him to the police. Yet, she chose to sleep alone in her home with only a three-year-old child that same night, despite allegedly fearing his return.

“The absence of any meaningful explanation for these decisions raises serious doubts about the reliability of her version of events,” the judge said.

The High Court also faulted the State for failing to produce key pieces of evidence. This included the torn clothing the complainant claimed was ripped during the assault. The absence of this physical evidence significantly undermined her testimony.

A Conviction Deemed Unsafe

Justice Muremba also criticised the magistrate for relying on unverified assumptions. She stated it was incorrect for the magistrate to conclude it was ‘common cause’ that Smoko had visited the complainant’s homestead on the date in question. The medical evidence was also found to be inconclusive, showing only “healed hymenal tears” inconsistent with a recent assault.

The court found that the magistrate had wrongly dismissed defence evidence, including that of Smoko’s wife. The final ruling was that the inconsistencies and lack of corroboration rendered the conviction unsafe.