MAI JEREMAYA AN ACTIVE PARTICIPANT IN SEX FOR MONEY, RULES COURT
"For a conviction to be secured there should be proof that there was no consent and the accused realised there was real risk that there was no consent and still proceeded to engage in sexual activity."
“Couldn’t she have asked for help or cried out for help at the earliest opportunity, why did she bath after the rape, these are the doubts that arose in the head of the court during trial.”
INTENSE emotions have been evoked by the outcome of Mai Jeremaya’s rape trial which ended on Friday.
The social media influencer was deemed an active consenting participant in a paid sexual encounter after her evidence was deemed to be marred with inconsistencies by Harare magistrate Letwin Rwodzi.
The feedback on our platforms is a mixture of emotions from her sympathisers while others feel justice was served on the two accused men, Thabo Blessing Dube and Martin Charlie.164C. Transmission of false data message intending to cause harm
Any person who unlawfully and intentionally by means of a computer or information system makes available, broadcasts or distributes data to any other person concerning an identified or identifiable person knowing it to be false with intend to cause psychological or economic harm shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for aperiod not exceeding five years or to both such fine and such imprisonment — Anonymous
***********************
Thabo and Martin, just like any citizen, are protected under privileges, one of our young lawyers was actually doing the matter, Shepherd Makonde, congrats to him, justice prevailed. I’m sure he is working on something. This is what can happen now, generally remedies they can pursue involve malicious prosecution or defamation lawsuits. What Chidawa did in filming and sharing of the video is a cyber offence — Anonymous
***********************
This is a win for the justice system in Zimbabwe and we say well done to the magistrate and the defence lawyer but, however, every decision done by the magistrate is subject to review by a High Court judge. There are two things which these two men can pursue in terms of the law, firstly they have the right to press criminal charges against Chidawa and also seek damages from both Mai Jeremaya and Chidawa. The criminal charges involve unlawful detention and cyber bullying while his action to publicly humiliate them qualifies for a claim for damages. However, they have to sustain their claim for damages with substantial evidence to convince the judge — Anonymous
***********************
Two things stand out, malicious prosecution emanating from Mai Jeremaya’s after she decided to press charges after engaging a private investigator who failed to extort the alleged assailants. The second one has to do with the attempted blackmail when Chidawa demanded US$500 from the duo on behalf of Mai Jeremaya. The two can also press assault charges if ever they were administered any bodily harm. The unlawful detention for more than two hours is also another avenue they can pursue criminall
