Sodomy ‘not conclusive’ in teen rape case

2012-08-25 10:26

Sodomy was not a conclusive medical finding, the Scottsburgh Magistrates’ Court heard yesterday afternoon during a rape case involving a seven-year-old Umgababa boy.

Jabulani Sikhosana, the medical practitioner who examined the boy a day after the alleged incident, said physical findings of sodomy were not conclusive.

This was during cross-examination by the defence.

Sikhosana was testifying in the case of the boy who was allegedly raped on November 31 2010. The child is raised by his paternal grandparents.

His father died, while his mother is said to have abandoned him. He was five at the time of the incident.

The boy accuses Lindile Nkotheba (19), a neighbour’s relative, who was 17 at the time of the rape. Nkotheba was visiting from the Eastern Cape but was expected to move in with his relatives to pursue better educational opportunities. He has pleaded not guilty and has since moved back to Lusikisiki.

Answering questions posed by the state, Sikhosana said while the boy was found to be clinically stable, an anal examination had revealed a tear in that area. He had said this could be caused by physical trauma.

However, he did admit, when questioned by the defence, that this could be caused by other factors as well, such as constipation.

He added that the information about the alleged sodomy had been gathered from the boy’s relatives who were present at the time of the examination.

Sikhosana’s examination was done three months into his community service at GJ Crookes hospital.

However, he said he had conducted similar examinations at least twice a week. Earlier, a 13-year-old witness told the court he had been playing with the victim on the day of the incident.

The witness testified through an intermediary since he was afraid to testify in open court.

He was adamant that Nkotheba did not at any stage come for the victim while they played. He said he knew this because he was used to keeping an eye on the victim.

He did so even at school, he said.

The witness claims the boy stopped playing when he fell ill.

He also claimed the boy walked on his own while he held his hand when he was later told to take him home by the boy’s granny.

In earlier testimonies, the boy and his granny had described how the victim had to be carried home as he was not able to walk on his own.

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