Rape trial to start after 40yrs

2009-10-08 13:57

kalahari.com

Johannesburg - A woman who claims she was raped over 40 years ago is allowed to have the matter brought to trial, the Constitutional Court ruled on Thursday.

The court ruled that the high court in Kimberly was wrong to give the man she accused a permanent stay of prosecution.

Reading the judgment, Judge Albie Sachs said the man's right to a fair trial would be protected by a presumption of innocence.

"Accordingly she should not be stopped from giving her account to enable the high court to decide."

Raped at age of 13

The woman said she was raped when she was 13 by a wealthy family friend.

She alleges that he drove her to his farm and forced her to have sex.

The Director of Public Prosecutions had declined to prosecute when the woman tried to lay a charge in her 50s.

She then tried a civil trial but the man successfully applied for a permanent stay of prosecution.

The Constitutional Court heard that the man might not be able to provide witnesses or documentation to prove his innocence and his accuser might not be able to recall events reliably after so long.

The judges set aside the permanent stay of prosecution and said the woman should be allowed to have a trial for the truth to be determined.

- SAPA
Read more on:    constitutional court
NEXT ON NEWS24X

SA foils Lesotho coup

28 minutes ago
SHARE:

Read News24’s Comments Policy

 

Inside News24

 
/Music

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Up to 40% off fashion accessories

Save up to 40% on selected handbags, purses, watches, jewellery and more. Offer valid while stocks last. Shop now!

Save up to R2000 on top electronics

Get every day mind bowing savings on top electronics. Offer valid while stocks last. Shop now!

As seen on TV - New book releases at only R199 each

Get mind blowing book savings on new titles. Offer valid while stocks last. Shop now!

Save up to 50% on Women’s month treats!

Celebrate the awesome women in your life with awesome treats like beauty products, fashion accessories, bestselling books, electronics and more. Offer valid while stocks last. Shop now!

Up to 60% off - clearance sale!

Save up to 60% on appliances, books, electronics, toys, movies and more. Offer valid while stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

The spotlight may be on you and you need to perform. This can be overwhelming and you need to stay as focussed and centred as you...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.