‘Rapist’ terrifies family

A MENTALLY challenged woman and her family are reliving a nightmare after her alleged sex attacker was freed, and they are now forced to face him every day as their neighbour.

The family feel they have been failed by all state departments.

The charge of rape was provisionally withdrawn without their knowledge. Eight months after the 57-year-old relative was arrested, he was freed on June 15. The family claim none of the departments visited their home and that they were only seen by social workers last year.

They say the woman was not placed in a safe house or suitable housing, as the family now lives in a zinc-like structure in Blikkiesdorp, where she is vulnerable to more abuse.

The suspect was arrested in November after the woman opened up to her family and claimed that he had lured her to bushes to collect wood under the pretence that his son would be accompanying them.

He apparently sexually groomed the woman by paying her R10. The woman has the mental capacity of a minor.

The woman’s distraught mother told Weekend Argus they were unaware that the suspect had been freed and was shocked to find him back at home. “The 15th (June), he appeared in court, and we noticed he was around in the community, and we contacted the detective,” said the woman’s frantic mother.

“We wanted to know why this man is here and not inside prison.

“The detective then went to the house of the suspect who produced a paper from the court that the case has been provisionally withdrawn against him,” she said.

“I told the detective we feel unhappy that we were not informed of anything, and now he is living one door away from us. We are keeping my daughter inside the house because she is mentally challenged and is friendly and will greet them. We last heard from the social workers last year. They have never been at our home again. We have not heard from the Human Rights Commission.

“We are living in bad conditions. We are living in a zinc structure, and when it rains, our blankets and belongings are wet. We have received no help. My daughter is now acting out after he is out of prison. She is screaming and becoming hysterical and said she doesn’t want to live here anymore. She is supposed to meet with the prosecution team on July 7 for them to help prepare.”

Bruce Hendricks of Hendricks-Harmse Attorneys said cases involving minors or disabled persons who were sexually violated would usually be provisionally removed from the court roll in order to prepare the victim for their testimony.

He said that often cases fell through the cracks because prosecutors were constantly rotated, and dockets were returned to police and shelved. “What the State does is to provisionally withdraw the case until the victim can testify,” he said.

“The prosecutor can also request that the matter be held in camera as it is of a sensitive nature. However, these dockets go back to the police, and the problem we often see is that the prosecutor who was on the case before can be moved or receive a promotion. This happens a lot in poorer communities, where cases fall through the cracks.

“What is needed is a court watcher to see that the case remains on the court roll when it’s ready to proceed.

“The other difficulty is if the State tries that person and he is acquitted, they can never retry him. That is why it is so important for probation officers and social workers, who know how, to speak with these victims.”

National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila said: “The matter was provisionally withdrawn after the presiding officer declined the State’s request for a last remand. The State made the request as the investigation was not finalised yet. The DNA report as well as a victim impact report are still outstanding. The presiding officer struck it off the roll on June 15 despite the State’s plea.”

Joshua Chigome, spokesperson for Social Development MEC Sharna Fernandez, said they were unaware that the accused had been freed and thought the woman was being seen by social workers.

Chigome said: “The Department can confirm that the victim is currently safe. A formal charge has been made at the SAPS, and the alleged perpetrator is detained in custody when our report was completed in December 2021. Furthermore,

arrangements have been made for psycho-social support to the victim, and the region’s social worker responsible for GBV matters will monitor her attendance as well as ongoing care.”

When he was informed that the case had been provisionally removed, he said: “Let me inform the head of our social workers unit and see what she has to say.”

Police spokesperson Sergeant Wesley Twigg said the victim had been scheduled for a session with psychologists in July. “Kindly be advised that a meeting was scheduled with Cape Mental Health for July 7.”

Matthew du Plessis, the provincial acting manager for the South African Human Rights Commission, said: “We are trying to get hold of the mother of the victim so that we can get more information.

“Our intention is to refer this matter directly to the SAPS and DSD and request that they intervene and report back to us, but we need more information from the mother before we can do this.”

Activist for women and children’s rights and former ward councillor Barbara Rass said all state departments had failed the victim.

This included the Department of Justice, Social Development as well as the South African Human Rights Commission. Rass said she found it strange that the case was temporarily removed from the court roll when the victim had opened up with police, social workers and herself.

“It is concerning to know that so many state departments were involved in this case where a disabled child was raped and being abused just because they are very poor and living in appalling conditions. The case goes unnoticed, the Justice Department, Social Development and the police failed them,” said Rass.