We agreed on sex, says rape accused

2010-04-15 00:00

ONE of the three men charged with the gang-rape and robbery of a woman in the city centre last year has told the high court he took her to be a prostitute and claimed she agreed to have sex with him in exchange for R50.

He said he did have sex with her by consent later, but never paid her because she decided to “hang around” with him and his co-accused for the night and go drinking with them at a tavern.

“I thought then my responsibility would be only to give her money for a taxi fare in the morning when she goes home,” he said.

Lindokuhle Mlaba (18) testified that the woman initially approached him and his two co-accused — Sibusiso Gwala (30) and Siyabonga Sibisi (19) of Imbali — in Burger Street claiming to have been robbed by some boys. “She pointed at them and they were running away in the distance,” he said. “We did not believe her.”

Mlaba said the woman asked for bus fare, but they told her they had no money — although that was not true. “We said we are in the same predicament as there were no taxis,” he added.

Mlaba said the complainant said she would “do anything” in order for them to help her and also said she did not know where her boyfriend had gone.

“I asked her what did she mean that she could do anything … she said she could even sell her body in order to get help. She said she preferred me because I was younger than the other two.”

He claimed that he agreed to pay R50 for sex and that they did have sex later while his co-accused waited for them, seated at the side of the road drinking.

Mlaba denied under cross examination by state advocate Ian Cooke that his version arose purely from the fact that his DNA was found inside her.

Mlaba maintained that the reason his version of consensual sex was not revealed at his bail hearing was that his attorney advised him “not to make alot of comments about the case itself” during the bail application.

The three accused have pleaded not guilty before Judge Leona Theron and assessors to multiple counts of rape as well as robbery with aggravating circumstances arising from the incident on the night of May 2, last year.

The victim and her boyfriend testified that they were accosted by seven men with knives while walking home along Burger Street after leaving MacDonalds at about 10 pm. They fled in different directions and the woman said she was subsequently raped.

 

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