Rape trial to start after 40yrs

2009-10-08 13:57
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.

Read more on:    constitutional court

SHARE:

Read News24’s Comments Policy

Inside News24

 
SPONSORED CONTENT
4 real car inventions that seem like science fiction

Vehicle design and tech have come so far so fast, that what seemed impossible has become reality. These are some of the fun and exciting innovations that have found their way into vehicle tech.

/News
 

Top 10 richest musicians of all time

Check out the gallery to find out who they are!

 
 

Luxury living

Seven of the most expensive children's toys ever made
5 millionaires turned murderers
The youngest billionaires in the world and how they made it
Watch: Flying first class has never been this luxurious!
Horoscopes
Aquarius
Aquarius

You are active, busy and on a mission today. There may be a special person you wish to entertain and may put in the extra effort...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.