Silenced by Power Connie’s fight for Justice

What was supposed to be an enjoyable holiday ended tragically for Connie (19)(not real name) when she was allegedly raped and impregnated by her mother’s uncle.

Instead of getting justice the case was stalled, questions went unanswered, allegedly intimidation and the system she believed in chose power over justice.

“My parents are divorced and I stay with my paternal grandmother. It was  August 2021 holidays  during Covid-19 outbreak that I  decided to visit my mum in Bindura.

Only if I knew what was awaiting me. I was only fifteen,” she said tears rolling down her cheeks.

Connie was sent by her mother to her uncle’s place to put her phone on charger that’s where she met her fate.

“I arrived at the homestead and I was ushered inside and told to out the phone on charge by myself. To my surprise he quickly closed the door and took the keys off the door.

Whilst I was still processing what was happening I was bundled  and thrown onto the bed in his bedroom and covered my mouth with a cloth so that I could not scream and he raped me,” she narrated.

Connie said she was left lying on the bed and her mother’s uncle rushed to open the door and left her inside the house and disappeared into thin air.

“I struggled to walk out of the house going back to where my mother was. I was bleeding.

“From a distance my mother noticed something was wrong from the way I was walking. She rushed to meet me half way and I fell in her arms crying,”she said.

Connie was visibly shaken and traumatized from what had transpired. Her mother advised that they go to the Police station first as it was nearer than  their rural clinic.

“We got the shock of our lives when we arrived at the Police station. We were ignored by everyone there and later told to go home without any docket opened

“It was obvious my mother’s uncle was there before us and he had made his way,” she said stammering

Connie's allegedly perpetrator was a well known businessman who had everyone is his hand. The Police were allegedly bribed by him and there was no case against him.

Unfortunately for Connie she was in the rural areas and mostly rural areas do not have proper referral paths because most of the responsible authorities are not well vessed with what do with rape cases.

When she finally got the information that  minors and rape victims can terminate it was already too late.

“We went to try and get the termination certificate we were told the Magistrate was not available countless times. It was the Covid-19 era .

“We were also  told we needed a Police report or docket information with us. How could we had a docket information when were  chased out of a base?,” she said

Tamburai Muchinguri, Family Support Trust said Connie’s incident was a sad one as it had many forces preventing her to get justice.

“The referrals pathways in rural areas are not as strong as those in urban areas. In urban areas these cases are mostly handled at regional courts and the Police and people there are well trained for the issues. There is need to bridge that gap

“It is unfortunate that it was during the Covid-19 era and a lot of factors were in play. Transport to get to health facilities, police station courts were very limited such that delays were inevitable and they were costly,” he said.

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He added if she had accessed the hospital earlier or Organizations like Family Support Trust she could have been given a termination order to with to the Magistrate without the Police report.

However, it is different with some institutions as most Healthcare practitioners are caught in between law and helping.

The termination of Pregnancy Act  Under Section 5(4) of the Act, outlines the procedure for obtaining this certificate involves several key steps and requirements: Pre-Conditions for Application before a magistrate can issue a certificate, the following must occur:A Complaint Must Be Lodged: The woman (or someone on her behalf) must have reported the “unlawful intercourse” to the relevant authorities (the police) and finally the submission of Documents: The authorities must submit relevant documents (such as the police report or docket information) to the magistrate. 

 

Dr Mugove Madziyire

Dr Mugove Madziyire, a Gynaecologist said Doctors are legally bound to refuse termination of Pregnancy if one does not have termination certificate.

“Health system should better protect minors by giving them confidentiality, immediate access to medical help and also to decide whether they want to continue with the pregnancy or not.

Waiting for a longer period for legal clearance can endanger the patient’s health although these days they try quicken the process,” he said.

Dr Madziyire added that sometimes the mother’s social and mental well-being is severely affected by continuation of the pregnancy, such that she seeks an unsafe termination, which eventually results in a complication. It therefore becomes more preferable to allow those who are not in a position to continue with their pregnancy to terminate.

“After the legal processes of legally terminating the pregnancy hit a brick wall I thought I could free myself by illegally terminating.

It crossed my mind countless times because I could not face the world. My father blamed my mother for what happened.  I would like to thank Rozaria Memorial Trust for their help. I got counselling and went back to school after I gave birth. Now my child stays with my paternal grandmother as I go to school,”Connie said.

In October 2025, there were amendments which were proposed to the Medical Services Bill aimed at expanding access to safe and legal abortion on unlawful sexual intercourse unfortunately the clause was stripped off when the bill was passed.

Tadiwanashe Magaya,a legal Practitioner, Women and Law in Southern Africa advised that Zimbabwe’s constitution has Chapter 12 Independent Commissions that have the constitutional power to investigate police misconduct including Zimbabwe Human Rights Commission and  Zimbabwe Gender Commission survivors can approach them for help.

“When an influential person is involved in a sexual violence case, abuse of power can create a “chokepoint” at every stage of the justice system from the initial police report to the final verdict this might manifest as witness intimidation or even refusal or delay in prosecution.

Every police station in Zimbabwe is supposed to have a Victim Friendly Unit . If a regular officer is intimidating the survivor, the case should be moved to the VFU immediately,” she said.

Connie’s case never saw the light if the day. It was swept under the carpet. Power overcame justice and also the weak referral pathways that left her to navigate complex system alone.

In Zimbabwe, pregnancies resulting from rape often continue due to legal, cultural, and social barriers, with 8% of first pregnancies among female adolescents (aged 15-19) attributed to sexual violence, abuse, or rape

A large percentage of these pregnancies are caused by a known family member leading to fear or inability to seek help.

Zimbabwe is a signatory to Maputo protocol 2003 effective in 2005 which has legally binding rights for women and girls accross Africa. It prohibits halful practices like female genital mutilation, guarantees reproductive health anatomy.

This protocol protects women from sexual, physical, and verbal abuse, including in times of conflict.

It also grants women the right to control their fertility and decide on the number of children, including access to safe abortion in cases of rape, incest, or health risk. Connie needed protection from her perpetrator.

“I accepted my fate and moved on now I’m looking forward to work for my child. Thanks to Rozaria Memorial Trust for showing me that my situation was not the end of the road,” Connie said smiling.

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