News24

Rape charges dropped against schoolboys

2010-11-09 17:27

Johannesburg - There is not enough evidence to charge two boys, aged 14 and 16, who allegedly drugged and raped a Johannesburg schoolgirl, the National Prosecuting Authority said on Tuesday.

"As much as we appreciate the sensitivity of the matter, there is just not enough evidence, hence the decision not to proceed with the matter at this stage," spokesperson Mthunzi Mhaga told Sapa.

"Due to the sensitivity and age of the complainant, we cannot discuss the details regarding the nature of evidence which is in police possession."

Three boys allegedly gave "date rape" drugs to two girls on Thursday and then gang-raped one of them, aged 15, while filming it on their cellphones.

The alleged attack occurred on the premises of Jules High School in Jeppestown, during school hours. The girl only identified two of the boys and they were arrested on Monday.

Both boys are Grade 9 learners. One of them is a learner at the school where the alleged attack took place and the other is a learner at New Nation school near Auckland Park.

The NPA has requested that the police continue to conduct a thorough investigation and obtain more statements.

Once the investigation had been completed the NPA would decide whether to reconsider its decision or not, Mhaga said.

Comments
  • sonel.steyn - 2010-11-09 17:50

    WTF! Not enough evidence! The girl identified these boys as the boys that did this to her, and now they are getting away!!! This new Gov really doesn't care about others just themselves!!!

  • LadyBug - 2010-11-09 17:55

    Three boys allegedly gang-raped a girl while filming it on their cellphones, and there is not enough evidence? That girl is now scarred for life and our system is failing her like so many others before her and they will fail future rape victims as well. Oh, sorry, the rapists are under aged and needs to be protected as well. They probably 'did not know that what they did was wrong'. What is becoming of our future... Afrikaans saying... 'Red 'n volk met so nasie.' Sal nooit gebeur nie.

  • paulus.nel - 2010-11-09 17:56

    not enough evidence? recorded on a cellphone? Even if rape is contested how about statutorial rape? If they are seen having sex on video, surely something must be done. What a joke.

      Valkerie - 2010-11-10 12:24

      Good point you made there. The investigation seems to be "continuing"... let's wait for the results ne?

      Valkerie - 2010-11-10 12:29

      Good point you made there. The investigation seems to be "continuing"... let's wait for the results ne?

  • Tshepho - 2010-11-09 18:05

    Dat's y as parents we end up taking the law into our own hands,wtf justice system is failing everyone,and the criminals are more protected than plaintiff's mxm to hell with the NPA

      Eddie - 2010-11-09 19:18

      as sad as this is, we can never break the law to make the law. each and every one of us has it in our power to make a difference. use your precious vote to tell the government that enough is enough. bring back the death penalty for 5 years and give the criminals a message..... break these laws and you are dead meat. do not become a criminal yourself to enable change.

      Jackie - 2010-11-10 13:30

      Well said!

  • hagenboesenberg - 2010-11-09 18:11

    Please let's not be surprised if kangaroo courts handle some cases in future....

  • patterh - 2010-11-09 18:15

    DNA evidence?

      Valkerie - 2010-11-10 12:29

      Agreed... the cellphone evidence might only show a croud of pupils laughing and jostling etc. And "date rape" drugs by nature do not assist with memory of assualts. Sad but probably true that the victim(s) couldn't give reliable evidence as to the actual crime, but only guesswork related to before and afterstances. My heart goes out to these girls.

  • Boerseun - 2010-11-09 18:20

    How can this be, these boys were captured on video? The victims also identified them, surely this is a lax prosecutor.

  • Douglas Hendry - 2010-11-09 18:38

    I thought that the video footage, taken by the boys on their cellphones, had been seen by teachers? What other proof do they need?

  • Zubair - 2010-11-09 18:40

    all what we are doing is breading new monsters for our future....not evidence...my foot!...laziness and i have still not heard this as yet....the boys human rights have been voileted and they can be rehab..... this is how south africa works...if there is evidence against you...you get off...and if there is not enough evidence,you get convicted.... the beauty of our so called liberal and most modern constitution it that the rights of criminals are given more impotance than the rights of the victim..... Any society can be judge on how we treat our women.....if this is anything to go by...welcome to a new barbaric society that the goverment is creating!

  • kerry17love - 2010-11-09 19:00

    this is SO rediculous, it was seen on video. What more do the youth of our country have to go through before we realise there is a HUGE problem. I am a rape survivor and I couldnt do anything, but this girl has proof and they still wont help her! This coultry is in big trouble

  • kerry17love - 2010-11-09 19:02

    This is absolutly ridiculous. How can there not be enough evidence it's been caught on VIDEO. They say to stand up when you are rape, here she did had proof and now what, they wont do anything about it! It's sick that such young boys can so this and then still get away with it!

  • Ntando - 2010-11-09 19:07

    There is something seriously wrong with our justice system. This decision is sending out a message to other (potential) rapists: That they too can get away with rape!

  • Zubair - 2010-11-09 19:10

    let c... The media reports that i have read says the following girl raped infront of others, she was given a date rape drug, the entire sordid event was recorded on cellphones etc. but this is SA, so the media will be condemn for informing the public of what has happened, lets not forget DNA, most probably the cops did not even have warrant and if they did...they could not take the evidence properly and if they even got that right, the DNA will be contaminated on its way to the lab and if they got that right, the lab will make a mess of things and if they do not, it will take about 2years for the results to come out, but that time all the human rights groups will be jumping up and down that the rights of the 3 boys have been violated and they will be released..... typical SA law........ there is a saying that goes something like this...a society can be judged on they way society treats there women...if this is anything to go by, our society is doomed, we are creating a future babaric society.

  • Zubair - 2010-11-09 19:12

    let c... The media reports that i have read says the following girl raped infront of others, she was given a date rape drug, the entire sordid event was recorded on cellphones etc. but this is SA, so the media will be condemn for informing the public of what has happened, lets not forget DNA, most probably the cops did not even have warrant and if they did...they could not take the evidence properly and if they even got that right, the DNA will be contaminated on its way to the lab and if they got that right, the lab will make a mess of things and if they do not, it will take about 2years for the results to come out, but that time all the human rights groups will be jumping up and down that the rights of the 3 boys have been violated and they will be released.....and we still must not forget sooner or later someone is going to stand up and the boys came from a previously disadvantaged backgroud and we must all forgive and forget... typical SA law........ there is a saying that goes something like this...a society can be judged on they way society treats there women...if this is anything to go by, our society is doomed, we are creating a future babaric society.

  • Lizaan Kotze - 2010-11-09 20:25

    After this, I have no qualms in comparing the courts and legal system of South Africa to those monsters.They are no better than the rapist and they should all just go to hell and stay there. Bring back public lynching!!! At least that would be a hell of a lot more fair than this crap!

  • pjanprinsloo - 2010-11-09 20:28

    It's stories like these that has made me decide that its not worth staying in this country anymore. Of the very small percentage criminals that do get caught an even smaller percentage actually get convicted.

  • deniset34 - 2010-11-09 22:13

    As far as I am concerned anyone who filmed it or witnessed it or was shown / told about it should be charged as a co-accused as well. When people can show such disregard for what happened then really is no hope for SA as a whole. Just let something like this happen to a member of their own family and they will be screaming so loudly about the unjustice!!!

  • Fred - 2010-11-09 22:32

    In the absence of justice in this country we are running the risk of encouraging vigilante action. Please can the justice system start functioning properly and punishing the guilty and protecting the victims.

  • Jo - 2010-11-09 23:14

    Brilliant message being sent here - even if these kids are not prosecuted for rape what action will be taken for 1) sexual activity during school hours 2) drinking on school premises 3) underage sexual activity 4) filming of said activity 5) teachers being unaware of all the above 6) teachers finding this behaviour (even if consentual) funny 7) reckless endangerment - did they plan it so carefully that condoms were used 8) will this school immediately implement HIV testing and thorough lifeskills and sexual education programmes? Just for starters...

      Valkerie - 2010-11-10 12:52

      Jo, you make a very good point. I think that all the issues in our society today boils down to one single fact: Lack of education. We see this in all aspects of our lives. It will take a seriously long time for all to get on the same level if we allow the current situation to continue. And yet, how to solve this? We have so many countrymen who have not had the benefit of a good education to start with, and the lawlessness of certain groups have also become a kind of culture (sub-culture?). This becomes a reality so fast that it's not questioned anymore. And therefore passed onto the next generation as "normal"... I heard an intriguing argument the other day: why not bring back "police punishment", e.g. five sjambok lashes for a minor who's caught stealing etc. The sad fact is that that child / teenager will probably not see it as out of the ordinary if you consider his/her daily life of violence at home. Just a continuation of it. We can but hope that this particular case will reach some and have a positive conclusion.

      Valkerie - 2010-11-10 12:58

      Jo, you make a very good point. I think that all the issues in our society today boils down to one single fact: Lack of education. We see this in all aspects of our lives. It will take a seriously long time for all to get on the same level if we allow the current situation to continue. And yet, how to solve this? We have so many countrymen who have not had the benefit of a good education to start with, and the lawlessness of certain groups have also become a kind of culture (sub-culture?). This becomes a reality so fast that it's not questioned anymore. And therefore passed onto the next generation as "normal"... I heard an intriguing argument the other day: why not bring back "police punishment", e.g. five sjambok lashes for a minor who's caught stealing etc. The sad fact is that that child / teenager will probably not see it as out of the ordinary if you consider his/her daily life of violence at home. Just a continuation of it. We can but hope that this particular case will reach some and have a positive conclusion.

  • Keith M - 2010-11-10 08:04

    ...and the people 'running' the country dunno why crime is getting worse, i know why....because you can get away with it !!!!!!!!!!!!!!!!!!

  • grant nicol - 2010-11-10 08:05

    We havent seen the video we cant say what can be proved from the video. Where are the drug tests of the drug in her system? Was there a rape kit conducted on the girl? Have any other witness come forward? Dont get me wrong I believe this is a terrible crime but you cant just charge people,even for a sensitive crime like this, with out the correct evidence. The NPA are doing their job, the police have to find the evidence.

      Valkerie - 2010-11-10 12:58

      I agree with grant nicol - let the police investigation continue. @ Malemonetw: The argument that the girl "consented" is invalid: (1) date rape(?) drugs were involved (why would she take it willingly if she knew what it was?), and (2) she's 15, which still constitutes statutory rape as far as I know. Certainly we need to consider all possible sides of a case, but we need to make sure that we're fair in our assessments as well. I say let's wait for the police investigation to be concluded. The one

  • Keith M - 2010-11-10 08:05

    ...and the people (hols) 'running' this country ask why is crime out of control...i know why...because U can get away with it !!!!!!!!!!!!!!!!

  • Cuppa-jo - 2010-11-10 08:10

    And this is why more and more women and children hide in fear after being raped. Whats the point in telling anyone?

  • Keith M - 2010-11-10 08:10

    Ag shame, those poor boys, it is only their first offence....so fair punishment ? I say cut off both hands and dip in hot oil to stop the bleeding ! If they do it again then i am afaid i cannot write here what must be done !

  • Anon01 - 2010-11-10 08:25

    This is seriously disturbing on all levels - there is video footage, the girl identified them, the teachers were informed and then said 'she got what she deserved'?! Who are these monsters and why is our justice system (read cops, NPA, and govt) loetting them get away with it?!

  • Anon01 - 2010-11-10 08:25

    This is seriously disturbing on all levels - there is video footage, the girl identified them, the teachers were informed and then said 'she got what she deserved'?! Who are these monsters and why is our justice system (read cops, NPA, and govt) loetting them get away with it?!

  • Caronise - 2010-11-10 08:38

    Unfreaking believable... this land's justice system is just as sick!! (puke)

  • SSDD - 2010-11-10 08:49

    Welcome to SA

  • djmilano.26 - 2010-11-10 08:55

    Stop concluding,what these girl volunteered and when she saw the video on the cellphone she called rape because of the shame she would face ? just think about it

  • djmilano.26 - 2010-11-10 08:56

    What if this girl volunteered and that she said its rape because it was filmed on the cellphone ?think about it and stop concluding on things you know nothing of

      Jo - 2010-11-10 09:50

      even if these kids were doing this to be stupid and it wasn't rape, what action will be taken for 1) sexual activity during school hours 2) drinking on school premises 3) underage sexual activity 4) filming of said activity 5) teachers being unaware of all the above 6) teachers finding this behaviour (even if consentual) funny 7) reckless endangerment - did they plan it so carefully that condoms were used 8) will this school immediately implement HIV testing and thorough lifeskills and sexual education programmes?

      Lanfear - 2010-11-10 12:55

      Even if what you say is true, it is still statutory rape since she is under 16 years old. So they should still be charged.

      Valkerie - 2010-11-10 13:07

      Again, I make the point of drugs being found in her system. Why would she take a date rape(?) drug if she knew what it was? Secondly, she's only 15, making it a case of statutory rape. Lastly, and most importantly perhaps: why have sex in a school with others around to witness this in the first place??! Even if your guess proves to be correct, these actions and their justifications should be seriously and immediately addressed!! This is not a sign of well-adjusted teenagers. The balance of probability tells me that this was more a case of rape than consensual sex.

  • vaunski - 2010-11-10 09:02

    This is ridiculous.

  • Vanessa - 2010-11-10 09:08

    ABSOLUTELY OUTRAGEOUS!!! This is exactly why rape VICTIMS do not come forward. What a joke, even when there is video and hopefully DNA evidence, that is if it was even taken by the incompetant police.

  • hdjonas - 2010-11-10 09:14

    Disgusting, that teach the boys that RAPE is OK, there must just not be enough evidence. Where is this going to en - they zip up and off you go with only a rap over the fingers AAAAAARRRRRGGGGGGG!!!!!!!!

  • Johnny - 2010-11-10 11:05

    I wonder what would've happened, if this girl was JZ's daughter? Would the little raping f*ckers still have been alive today, I think not!!!

  • Gorilla - 2010-11-10 12:54

    i think by reading the comments everyone has prejudged this case based on reading an article in the news. No-one here has (a) seen the cellphone video (b) spoken to any people involved and (c) made any balanced argument. A similar situation as happened recently. A girl wanting to get back at some boys in her grade reported that they had 'molested' her. Parents were up in arms and demanded justice be dished out. the 2 boys were thrown out of the school, at one stage beaen up by some other kids from a local school and were basically treated like lepers. Turns out the girl was lying and to afraid to reify the situation. It happens this is why we have a justice system.

      Valkerie - 2010-11-10 14:57

      Gorilla, "everyone"? And our discussions here are, admittedly, more (and some less) based on the facts presented so far. This is a forum for discussion after all. One cannot but try and sketch a picture on the limited information available at this time. And this is certainly a shocking report. And yes, let the investigation be conducted. Only then will we know for sure what happened. I think what's really shocking though, is the fact that this kind of thing can (and does) happen. Secondly, if untrue - even more shocking that a person can alledge that such a thing happened and in so doing damage a person's reputation or ruin his/her life. Not to mention the effort and funds spent to investigate it. And of course my time in commenting as well....

  • Jackie - 2010-11-10 13:29

    OMF so having these pigs on cell phone camera commiting the crime is not enough, God help us!!!

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