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I HAVE NO SEX APPETITE – RAPE ACCUSED TEACHER

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MBABANE – “There is no way I could have raped the minor as I am a person who has no appetite for sex.”

These were the submissions by the teacher of Phocweni Primary school who stands accused of raping a 15- year-old teenage girl. He has been charged under the Sexual Offences and Domestic Violence (SODV) Act of 2018. Moses Shongwe (31) made these averments in his application for bail filed by his lawyers at the High Court yesterday. According to the charge sheet, the teacher allegedly committed the offence in August 2019. The Crown highlighted that the alleged rape was accompanied by aggrieving circumstances in that; the accused allegedly inflicted physical and mental trauma by having sexual intercourse with the complainant. In his application for bail, Shongwe submitted that during his trial he will plead not guilty to the charge.

Demonstrate

“I did not commit the alleged rape and I will demonstrate during my trial that I am being framed by the mother of the child for other personal differences we have with her and is now using the child to fight same,” contended the accused. He emphasised that he was not a person who had an appetite for sex, let alone with minors. Shongwe submitted that his defence to the charge was primarily that he did not do any action or conduct which was a constituent element of a crime at all and that he did not have the mensrea (intention or knowledge of wrongdoing that constitutes part of a crime). “If the child was indeed sexually active, she may have had sex with someone else not me,” contended the accused. He also claimed that there was no DNA evidence which showed that there was a similarity of any discharge from him in the complainant. According to Shongwe, the Crown’s case was more speculative and relied heavily on the evidence of the mother of the complainant who was allegedly assuming things against him.

Arrested

Shongwe went on to tell the court that he was employed by the Ministry of Education and Training as a teacher and when he was arrested on September 11, 2019, he was at work.

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