Muchirahondo rape trial: Defense calls on jury to consider facts rather than feelings

• John Muchirahondo faces 21 counts of sexual assault by rape and 9 counts of sexual assault by unlawful intercourse.
• Prosecutors say many of the women were drunk and Muchirahondo had sex with them without their consent
• The defense began its closing argument today

The defense of a man accused of multiple rapes and sexual assault says the jury must look solely at the facts of the case and not at whether they like the defendant or approve of his behavior.

In the High Court in Christchurch, John Hope Muchirahondo is charged with 21 counts of sexual assault by rape, nine counts of sexual assault by unlawful sexual intercourse and one count of denying access to a mobile phone.

Defense attorney Anselm Williams told the court that the prosecution presented very emotional evidence in its closing argument, including statements from women who said they had been raped or sexually assaulted by Muchirahondo after nights of drinking or during a relationship with him.

However, Williams said emotions were irrelevant in determining the defendant's guilt and that only the facts should be considered.

“It is not my job to convince you to like Mr Muchirahondo, it is not my job to defend his character. Questions of morals, opinions and attitudes are of very little importance in this case, the real questions are questions of fact.”

Williams also addressed the first plaintiff's allegation from February 2021, which triggered the police investigation.

He said the woman had now clearly stated that it was Muchirahondo who had sexually harassed her after a night of drinking.

Williams said the day she reported the crime, the woman said she did not know who attacked her and described a man who had a different hairstyle and clothing than Muchirahondo.

She also could not remember kissing Muchirahondo on the dance floor of a nightclub, despite video evidence confirming this.

“She had significant memory problems that night,” Williams said, “including incidents like the kiss that she should have remembered well. We know that after the incident she spoke to her friend and tried to piece the story together. And when she came to court she was convinced that the person she could not immediately identify afterwards was Mr. Muchirahondo.”

Williams said trust should not be confused with reliability.

He said Muchirahondo denied having sex with the plaintiff and said it could have been another person who was in the house that night.

Williams said memory fallibility was a key problem, with many of the women piecing together events from a night of drinking, in some cases years ago.

He said the jury must consider factors that may have played a role in the plaintiffs compiling false memories.

“The police were actively looking for complainants, they described Mr Muchirahondo to witnesses, they told complainants that this was a big investigation, that there were many complainants and that many people were saying similar things.”

Williams said none of the allegations involved physical violence.

He said Muchirahondo was persistent when it came to sex, and one plaintiff described him as someone who persuaded her to have sex.

“He does it with words, with body movements, rather than being physically violent or forceful. In cases like this, you really have to be careful not to equate stubbornness and selfishness with guilt.”

Williams said Muchirahondo grew up in Zimbabwe until her young adulthood and grew up in an area with more traditional gender roles and different attitudes toward sex.

He said Muchirahonda's persistence in seeking sex may have seemed unusual, but he always assumed he had consent for any sexual activity.

The defense's closing argument will continue tomorrow.

Where to get help:

New Zealand Police

Victim support 0800 842 846

Rape Crisis 0800 88 33 00

Rape prevention education

Trust of Empowerment

HELP Call 24/7 (Auckland): 09 623 1700, (Wellington): 04 801 6655 – press 0 in the menu

Safe to Talk: a 24/7 confidential hotline for survivors, supporters and people experiencing harmful sexual behaviour: 0800044334

Male Survivors Aotearoa

Network of Survivors of Priestly Abuse (SNAP) 022 344 0496

If it is an emergency and you feel that you or someone else is in danger, call 111.