News24

Rape video: Accused not charged with rape

2012-05-03 15:36

Johannesburg - Four minors accused of gang raping a 17-year-old mentally impaired Soweto girl were granted bail by the Roodepoort Magistrate's Court on Thursday.

"They did get bail of R500 each and they were placed under house arrest. They will change communities... They are just going to move for their own safety," State advocate Carina Coetzee told reporters outside court.

"The charges that the State had put against them for the purposes of this application had not included rape. It was other offences under the Sexual Offences Act."

Coetzee said the charges included paying a teenager for sexual intercourse, using children for child pornography, and possession, creation and distribution of child pornography.

Minimum charges

"We will discuss it as the National Prosecuting Authority and decide what charges we are going to prefer, but in all fairness to them we have put the minimum we have against them," she said.

The bail applications by youths, one aged 13 and three aged 17, began on Thursday morning and were held in camera.

The four boys and three men, who matched the descriptions of rapists shown in a cellphone video of the attack, were arrested in Dobsonville, Soweto on April 17. The video spread via the internet on April 18.

The NPA announced at a previous court appearance that three of the four youths would face full prosecution.

"All the accused persons, including the three minors, will appear in court together. They will not be diverted [to a programme for young offenders]," NPA spokesperson Mthunzi Mhaga said at an earlier court appearance.

Criminal capacity

"In respect of the fourth minor, the 13-year-old, we still have to determine his criminal capacity. Remember, between the ages of seven and 14 they are presumed to be criminally incapable."

The seven faced preliminary charges of rape, sexual assault, engaging the sexual services of a minor for reward, using a minor to create child pornography, committing a sexual act in the presence of a minor, committing a sexual act in the presence of an adult, and creating, possessing and distributing child pornography.

The case against the three men, one aged 18 and two aged 19, has been postponed until June 20 for further investigation. The men did not apply for bail.

The three 17-year-olds would appear in court on June 20 with the adults.

The report on the 13-year-old boy's criminal capacity was not available, Coetzee said. The boy's lawyer William Karam said it would take a month to compile.

"The youngster will be coming back on May 17 not for the report, simply to see where we at," said Karam.

Unlike the previous court appearances, there were no protesters outside the building on Thursday.

Comments
  • Dieter - 2012-05-03 15:46

    "between the ages of seven and 14 they are presumed to be criminally incapable" - why do you only tell me know? ek kon myself ryk gesteel het, die geld bele het en nou lekker geleef het! So enige 13 jarige kan moor ens en wegkom daarmee?

      Aaron - 2012-05-03 16:58

      The authorities have always been very reluctant to crack down on this type of crime for some reason, it's as if they don't really see it as morally wrong. Hence "jackrolling" is a national pasttime.

      Jaja - 2012-05-03 17:09

      I've got the matches, a lighter and flint. Need a sjambok, neckless and gas. I'm done with the sa justice system, there is no justice. We will find you boys, you can run, i'll even give you a 2 day head start, but I will find you and when we do, justice will find you too!

  • tripledunny - 2012-05-03 15:47

    Rape a girl, but not charged for Rape. Great advert for international rapists. Come for the rape, stay for free!

  • Snoopy - 2012-05-03 15:48

    Wow!

  • Bless Boswell - 2012-05-03 15:50

    This decision leaves me feeling sick, angry and helpless. It's not as though youngsters of that age do not know right from wrong. You learn that before you get to grade 1. This ruling sends a clear message - get up to all the mischief you want up to the age of 14 - there will be no consequences. This crime used to carry the death sentence - and these louts are not charged w

      Lacrimose - 2012-05-03 20:35

      I wouldn't wish rape on anyone - not even my worst enemy. Whatever the decision was to bring those charges instead of rape charges, we'll probably never know (legal people, where are you, we need comment!). However, to release them back into the community is totally unacceptable. These people have serious mental-health issues and need to remediation - usually a long process. Their home lives have contributed to some extent to their actions so to decide that they should go back there is also a gross miscarriage of justice - for the perps themselves and for society. Nothing can possibly change if they do not get the psychiatric care they clearly need.

  • Sharon - 2012-05-03 15:51

    I really feel for the victim and her family. Wonderful precedent set here, it is like a green light to all would be young rapists out there. There are no consequences, as they say, it is a free country... :-(((

  • Loyiso - 2012-05-03 15:51

    Bail? A young girls dignity not respected here,we need to review our constitution!!!

  • Bryan - 2012-05-03 15:52

    Banana republic justice system..!!!!!

  • Grace - 2012-05-03 15:53

    Absolutely outrageous!!! Who in the government are they related to?

  • Shirley - 2012-05-03 15:53

    R500.00 for apersons dignity? Is that the value they have for citizens??? The parenbts of these thugs should be looked at closely if their children are this out of control! Shame on you South Africa!

  • Mike Purchase - 2012-05-03 15:53

    Loyiso we need to fire them

  • Jozan - 2012-05-03 15:53

    If they are old enough to rape, they are old enough to stand trial.

      Hester - 2012-05-03 16:21

      Jozan you are 100% correct. if you are old enough to do the crime, you should be judge as an adult. This nonsense regarding human rights to rapists, thiefs and murderers should be stopped!!!!!

  • beanaroo - 2012-05-03 15:53

    Well.... this has totally restored my faith in our justice system. (loads his sniper rifle)

      tshepo.ally - 2012-05-03 16:30

      i'm getting myself a magnum berretta .92

  • Rechelle - 2012-05-03 15:54

    why did you delete my comment news24, did I hit a bit to close to home or what! thank you for advertising to all the youth that it is okay to rape a young girl, because if you are under 18 years old, you wont be charged with rape, and you will only get R500 bail! Thank you so much judge! only one thing left to say, I hope that God punishes each one of you for what you have done to this poor girl! you have ruined her whole life, you low life pieces of poo

      George - 2012-05-03 15:59

      Yes, the ancestors see everything and they are not happy. The tokoloshe will visit, again.

      Ferdie Van Der Merwe - 2012-05-03 16:00

      News24 seems to protect the criminal too! I hope the judge, and the npa and the the defendants lawyers rot in he'll!!! They are pieces of scum

  • Ferdie Van Der Merwe - 2012-05-03 15:57

    This just shows once again. The South African justice system is to protect the criminals. Not the victims. What an absolute disgrace!!! I do not and will not be associated with this pathetic excuse of a country. Goodbye to bad riddance! I'm outta here!!!!!

  • Cameron - 2012-05-03 15:58

    Time for some community justice i think....

      George - 2012-05-03 16:03

      Who knows, maybe the judge knew what he was doing, after all. Makes you think. Our township compatriots take no prisoners.

  • George - 2012-05-03 15:58

    Wow, a new sport for the cANCer supporters. House arrest, nodal. Will the state provide food and entertainment?

  • Renate - 2012-05-03 15:58

    What A F&%#

  • Siann - 2012-05-03 15:59

    This is just CRAZY!!!!!!

  • rose.p.allen - 2012-05-03 16:01

    This is ridiculous! It's no wonder that people do just as they please when there is no real punishment for their actions.

  • Eva - 2012-05-03 16:02

    "They will change communities... They are just going to move for their own safety," WHAT ABOUT THE SAFETY OF RAPE VICTIMS???

  • cecelia123 - 2012-05-03 16:03

    No Way, I cannot believe this, they are letting them get away with it!! But then again, the elders are getting away with it

  • Ferdie Van Der Merwe - 2012-05-03 16:05

    I've just emailed this article to the BBC. Let the world see how pathetic this country is

      Hester - 2012-05-03 16:24

      Good for you!!!

      Grace - 2012-05-03 16:41

      Nice one... Maybe email Oprah too

  • Michael - 2012-05-03 16:07

    "but in all fairness to them we have put the minimum we have against them"????? Please tell me i heard this Biatch wrong!!! I wonder if Coetzee would be so lenient if it was her or her daughter/sister?

  • Junebugg - 2012-05-03 16:07

    Well this is good time for community to do their own justice , if our mickey mouse justice cannot...

  • Christine - 2012-05-03 16:09

    WOW! This is sick!

  • janine.arulnathan - 2012-05-03 16:09

    WHAT the hell???? R500 BAIL??? and then they want to wonder why South Africa is named WORLD RAPE CAPITAL by Interpol ? It's because its dealt with so lightly and people KNOW they can easily get away with it. Even if those minor are facing other charges...Rape is the most serious of one of them all.Screw house arrest!! They need to be put in some sort of mental facilty where they can undergo psychological rehab!! As for the "moving for their own safety" part...they better hide...!!!

      Andrew - 2012-05-03 17:19

      Just look at which group in our population commiots these crimes and then you will realise why it is not regarded as a priority crime. Say no more.

  • Hannelie - 2012-05-03 16:10

    WTF message is this to the public! To our children! LEAD BY EXAMPLE! Put criminals behind bars no matter what their ages! Teach children what the consequences of their actions are! Teach children to respect and love others!!

  • E=MC2 - 2012-05-03 16:11

    nice! well, now that you can rape & not be charged with rape, I’m sure many other "quality" men in this country will follow suit... Nice example you're setting SA judicial system!

      Anthony - 2012-05-03 16:14

      and zuma

  • Pixi3kid - 2012-05-03 16:11

    Sies! net pleinweg sies!

  • linda.sidia - 2012-05-03 16:16

    What a disgrace this is, I’m embarrassed to even mention that I’m from this country. But i bet if it was one of the politicians daughter, we would be talking a different story.

  • Melanie - 2012-05-03 16:25

    really!!

  • Frankly - 2012-05-03 16:28

    *speechless*

  • tshepo.ally - 2012-05-03 16:29

    appalling!!! that's just appalling. i remember someone saying the judicial system in south africa is dysfunctional...now i know what they were talking about.

  • Kimon - 2012-05-03 16:29

    From: "The NPA announced at a previous court appearance that three of the four youths would face full prosecution." To: "but in all fairness to them we have put the minimum we have against them," she said." WTF???? WHY???

  • hannesma - 2012-05-03 16:29

    the justice system has now effectively created a solid basis of encouraging even the young that a criminal offence, no matter to what extent, is not as bad as the community makes it. Just wondering, aren't the system and the eventual prosecution of criminal offences based on what the community in the eyes of God deem as right and wrong and thus the relevant rules are created? So why then is a serious offence overlooked and deemed minor according to severity if the said accused did not even show compassion? This negligence towards the rightful prosecution is only fostering criminal intent that eventually will spiral out of control as soon as freedom without correction is reinstated. Job well done on creating a better future by burying the present problems.

  • Frank - 2012-05-03 16:31

    Oh come on guys! That judge propably knows and understands law batter then all of us in this fourum. Its like a computer specialist how computers works i mean, come on. That judge is experienced, educated and knows what he's doing! So let us take a deep berath and let the law take is course!

      Lacrimose - 2012-05-03 20:37

      True, the judge can only rule on charges presented. The vital information we do not have, is why those charges were brought instead of rape and why no request for removal from their homes and psychiatric treatment was not sought

  • tshepo.ally - 2012-05-03 16:32

    has anyone seen the movie "law abiding citizen"? what happened in that movie is what we are going to witness one of these good days.

  • Khanyisa Crazyslammer Fihlani - 2012-05-03 16:35

    our country is going to the dogs n we can do anything as our hands r tied by the fckd up justice system....Africa is dying!

  • Faeryal - 2012-05-03 16:36

    This is what you call Justice in South Africa !!! Our Government and Authorities should be ashamed of themselves !!!

  • Thembi - 2012-05-03 16:38

    I thought as much that the good work of the policemen will be washed down the drain.too young to be prsecuted but too old to commit crime?o

  • Florence - 2012-05-03 16:38

    It said that the advocate in charge is also a female Carina Coetzer. That makes me numb and speechless. Which SA is she living in? Jungle justice should not be ruled out on matters of this nature.

  • jabumalehambolo.fumani - 2012-05-03 16:39

    I wana rape the magistrate daughter . Get bail

      Lebo - 2012-05-03 23:28

      wht happnd 2 de girls dicnity was not enough ppl !!!. Cant u work on restoring de girls life for once

  • atta.asare - 2012-05-03 16:40

    no wonder people keep doing crime in SA, cos the justice system is flawed!! minimal sentences for murderers and now rapists get bail of R500!! lets nt forget that the advocate is a woman... very surprised that she didnt dish out a more harsh sentence. these boys dnt belong in the streets!!

  • Dudley - 2012-05-03 16:44

    ...and you wonder why this country is in the state that it's in....

  • Liz - 2012-05-03 16:44

    A mere R500 and house arrest?? Could someone who is educated in SA’s justice/law system please explain this to me? Rape - child pornography – sexual assault.... are these not crimes that have granted others a long prison sentence in the past? And why is it that they did not include rape in the charges? I am outraged at this (to say the very least), yet I want to reserve my comments as I can not back up any legal claims with my limited knowledge, and would really like to at least try to understand this ruling.

      Dudley - 2012-05-03 16:48

      Educated? Good luck finding that in SA’s justice/law system...

  • charmaine.mcdonald2 - 2012-05-03 16:47

    Really now! This proves the fact that our Justice System Stinks. Yesterdays rape news on ETV was really disgusting, We can't do anything about this rape crisis in our country, perhaps President Zuma should address the Rapists in public. God Have Mercy On the Victims.

  • Ferdie Van Der Merwe - 2012-05-03 16:55

    Ridiculous!!!!!!!!!

  • nesta.moseamedi - 2012-05-03 16:58

    if we coninue with this soft system which is used we must not be shocked when we rape scandal and our child and sister will end up been raped victim.guys we must also change.lets us not behave like wild like animals

      manesh.lepota - 2012-05-03 17:11

      Our law is killing us they must find a way of dealling with crimes or else we are in danger

  • Mark - 2012-05-03 17:00

    I was shocked to hear in the news yesterday that the parents of a raped girl in Eastern cape were denied entrance in court whereas the parents of the rapists were allowed. I personally don't trust the justice system of this country. I think if you commit a serious crime here, you are treated better than someone who has committed a light crime like not paying your tax.

  • AdeleFHM - 2012-05-03 17:03

    Ridiculous outcome! Totally disappointed in the South-African law system! Go to hell!