One man was found guilty of defamation and a woman has now agreed to apologise publicly for her unsubstantiated claims against him, but the damage has already been done for Tafara Mutingwende, also known as Theo Outlandish.
At retrial, he was found guilty on one charge of rape, and not guilty on another. He has been sentenced to prison and has permanent name suppression.
Mutingwende believed the allegations against him were a result of previous bad blood with other people in the local music scene. Some of his accusers had previously assaulted him over something unrelated.
He felt there was “some sort of envy” involved with his success in the industry at the time and that some other artists in the area felt put out that he was getting opportunities as someone who was not from here.
Mutingwende and his family moved to New Zealand from Zimbabwe when he was about 7, wanting to build a new life for themselves.
“You move from a Third World country to have a better opportunity in a First World country, and you’re a contributing member of society, and that’s how you’re treated. It’s a bit of a stab in the heart.
“It’s hard when you know how much your parents have done to give you a better life.”
He said he was “not surprised” when the allegations came out on social media, believing it was just another weapon that could be used against him.
After the social media storm, Mutingwende’s mental health suffered, and he developed insomnia, requiring medical intervention.
“It’s someone’s life that people are playing with,” he said.
In the immediate aftermath, Mutingwende’s address was shared on a livestream to about 200 people. He had been living there with three other people, two of whom were also accused in the online blitz. One of those men was the one who was later found guilty of rape — he had moved in with them about a month prior.
Feeling unsafe, they went to his parents’ house to stay, and when they came back to the flat the next day it had been broken into and vandalised, with the word “rapist” spray-painted everywhere across the flat and the furniture.
He also lost opportunities for his career and work life. At the time the allegations came out, he had been in the final stages of securing a job as a police 105 dispatcher, but this role was withdrawn after the social media postings.
Brands and music labels he had been connecting with cut ties with him, and more than three years later he has not regained any momentum in the music industry. He is now living in Australia and working for Apple.
He said being black immediately made it harder for him to defend himself against false allegations becaused people automatically judged him as guilty.
The defamation trial was due to start on February 12, but was cancelled the day before when the woman who had made the social media posts agreed to a settlement offer Mutingwende had offered from the beginning — a retraction of her comments and a public apology.
“She dragged myself and my family through the entire process up until right before court,” he said.
Evidence she had planned to use at trial included statements in the police file from women who had told police their encounters with Mutingwende had been consensual, something he found “extremely weird” to be used as an argument against him.
He said when police initially interviewed him, they sent him an email just 20 minutes later to confirm they would not be laying charges against him.
The woman, who has name suppression in other court proceedings related to this one, posted an apology on social media a week ago.
“On 18 October 2020 and 4 February 2021, I made a series of posts on my Instagram account about a group of people including Tafara Mutingwende, also known as Theo Outlandish,” said the woman, who is also part of the Wellington music industry.
“In those posts I made allegations about them, including rape, of being sexual predators, and that they had engaged in sexual conduct with underage girls. I made those posts in reliance on messages I received from others over Instagram.
“The police investigated those complaints, and no criminal charges were ever brought against Mr Mutingwende.”
She said it was important for victims of sexual harm to be empowered to speak out about their experiences, but she accepted there were “more appropriate ways to raise these types of issues than the way I raised them over Instagram”.
“I acknowledge that the way I raised the allegations against Mr Mutingwende wrongly gave the impression that the alleged acts of others were attributable to him. I apologise for that and any distress it caused.”
Immediately after posting the apology, she posted a screenshot of an article, headlined “Man who was outed on social media found guilty of rape”.
While not clear from her post, the article refers to a different person who had been accused alongside Mutingwende on social media.
Now the case is closed for Mutingwende, but the effects linger, such as the destruction of his music career. However, he has an “amazing support group” including a girlfriend who has been with him through everything. “She’s just absolutely amazing.”
“I have my parents and my friends and family, they are all here for me and that’s all I need.”
Melissa Nightingale is a Wellington-based reporter who covers crime, justice and news in the capital. She joined the Herald in 2016 and has worked as a journalist for 10 years.