ConCourt to rule on rape charge

2009-10-07 19:04

Johannesburg - The Constitutional Court will hand down judgment on whether a woman can lay a rape charge more than 40 years after the alleged attack, when it sits on Thursday.

The woman, who is now in her fifties was raped when she was 13, allegedly by a family friend.

While on a life skills course in jail while serving time for fraud, she decided to charge the man, now in his late 70s.

The Director of Public Prosecutions decided not to prosecute and her own attempt at a civil case ended with him getting a permanent stay of prosecution.

His lawyers say he won't be able to call witnesses as many are dead, he won't have documents from his extensive travels to prove where he was, and that too much time has passed for her testimony to be accurate.