News24

Shoplifter-accused teen suing over jail rape

2012-09-14 08:36

Durban - A Durban teenager’s life has been destroyed after he was raped in jail by a hardened criminal doing 15 years for murder.

The 16-year-old, who was never supposed to be in that prison hospital cell in the first place, subsequently suffered a mental breakdown, left school and needed psychiatric care, reported The Mercury.

The State is now being sued for R1.5m by lawyers for the Centre for Child Law who hope to highlight the plight of children detained after being accused of petty crimes.

The teen had originally been caught shoplifting a pair of R49 shorts from Woolworths and had been cautioned and discharged for it but didn’t appear at a subsequent court hearing.

His mother explained that he was too embarrassed to appear because he had been shaving his head when the power cut out and his head was only half-shaved.

An order for his arrest was issued and he was then sent to a prison where those convicted of serious crimes were held. He fell ill and was moved to a hospital prison cell where he was sodomised.

 “He was 16 and he could have been placed in the care of his parent or guardian. And it destroyed his life,” said attorney Morgan Courtenay.

Doctors said his prognosis for recovery from psychological trauma was poor and he was not able to consult with his lawyers or testify in court.

Comments
  • dewald.galjaard - 2012-09-14 08:46

    Punishement should fit the crime. Government should fit the bill.

      gordon.turner.37 - 2012-09-14 08:55

      ...Foot the bill. Government should fit in smaller pants.

      rupesh.hari.7 - 2012-09-14 10:07

      Gordon, smaller pants? where will they put their fat wallet?

      clifford.sithole.5 - 2012-09-14 11:24

      Should have released him in accordance with Our Honourable Pres Zuma's prison release program. Petty criminals like this and people who break into others houses are petty crimes.

  • jake.ko.71 - 2012-09-14 08:47

    what the hell!!! why is a 16 year old of petty crime, thrown into the same jail as harden f&&kedup criminals??

      clifford.sithole.5 - 2012-09-14 11:23

      Should have released him in accordance with Our Honourable Pres Zuma's prison release program. Petty criminals like this and people who break into others houses are petty crimes.

  • klipkop.degroote - 2012-09-14 08:59

    Moral of the story, stay crime free and out of prison. And shave your head with a razor not a clipper. I feel sorry for the petty criminal of course.

  • John Badenhorst - 2012-09-14 09:13

    Chris, you are heartless and i hope that you dont have kids. Teens will try sex, drugs, drinking and some will shift on a dare. Why? because they are teens!!! However, being sodomised does NOT fit the issue. You Sir, should engage the link between your brain and your hands before actually posting a comment like that. Heartless idiot!

      fort.horseman.7 - 2012-09-14 23:28

      @ john.i havnt read chris's post,prob deleted,but he sounds like an a hole.His probably a sodom himself!

  • Alfjoe - 2012-09-14 09:18

    Under normal circumstances, this boy waz nt even supposed to go to jail. R49 worth of clothes? R1,5m is nothng, wat if he got infected?

      themba.thwala.98 - 2012-09-14 09:36

      I`ve of one case where a few yoghurts were disappearing. Over a long period of time, the small amounts add up. When those who were stealing were eventually caught, the company, (which shall remain nameless) proved a loss of hundreds of thousands, dismissed the thieves and had them held criminally liable. That is not say I condone sending a 16 year old to jail for theft of a mere R49 piece of clothing

  • marlenepilay - 2012-09-14 09:40

    Chris is officially No1 a-hole. I hope you do not have kids. If you do then Poor Kids!!. I cannot believe you think this child deserved it!! Idiot Scumbag - the other words are too harsh for this forum.

  • Harold Chisimba - 2012-09-14 09:42

    Oo yes! Commit crime at ur own peril! All these brutal killers,vicious rapists,armed robbers start in this way and at this age ,So his crime career has been killed in bud, Thats good becoz he will ponder thrice before committing another one.Iwish him good luck, But Ican't waste my commiseration on him.

      fort.horseman.7 - 2012-09-14 23:07

      Sounds like ur brain is in the same location were the young boy was abused u heartless low life.if u justify that reasoning as a deterrent and a lesson to prevent crime,then u belong bhind bars!

  • mike.clery - 2012-09-14 09:57

    He wasn't locked up for shoplifting. He was arrested for ignoring the order to appear in court. Ignore a summons and the same will happen to you.

      fort.horseman.7 - 2012-09-14 22:55

      If dats a threat,bring it on ,im waiting!trust me im not that 16 yr old!

      fort.horseman.7 - 2012-09-14 22:57

      If dats a threat,bring it on ,im waiting!trust me im not that 16 yr old!nd il give u sumting in return thatl makeu wish u were rather dat 16 yr old!

      fort.horseman.7 - 2012-09-15 03:41

      @mike.where i come from,if u were responsible for this boys tragedy,law officer or not,ud b hanging at the end of a lynch strung frm a crane in the middle of the city.bet ur life on it!!!

  • Provence - 2012-09-14 10:00

    This is very sad.

  • amused.reader.7 - 2012-09-14 10:09

    I hope he wins. It is appalling that the government gives tacit approval to this behaviour, you only have to look at the drink driving adverts. If you do the crime, you must do the time, but time refers to the sentence the judge passed not some filthy con. When the government takes away your freedom, they become responsible for your welfare. I am no bleeding heart liberal, but i have always been shocked by their open acceptance of sexual crime in prisons. We need a test case to make them sort it out.

  • KReddy - 2012-09-14 10:23

    He couldve wore a cap? I think to avoid jail I rather be embarassed and go with half my head shaved. But sue them and hope u win

  • malcolm.stevens.129 - 2012-09-14 10:24

    This is so sad. Whilst the kid should never have shoplifted, he should have been punished accordingly. The penal system should really separate hardened from non-hardened criminals; a shoplifter or white collar criminal must never be put near a murderer, rapist et al - it's generally accepted that this will only result in making a small-time petty thief or white collar criminal into a hardened criminal, likely one infected with AIDS. But given this did happen, is it the states' fault he got raped? I think so - I generally think there is inadequate supervision and monitoring in the penal system in South Africa, simply look at how people get raped in holding cells, let alone prisons. With the right supervision this should never happen. He shoplifted (minor) but then did not appear for his court appearance (more serious) so yes, he did need to be arrested. Should the state pay up, possibly, but more importantly, the state should learn from this and take action - split the types of criminals, and supervise and monitor them more.

  • collen.vinjwa - 2012-09-14 11:25

    Whatever the kid did, does not subject him to that brutality and sick act! If you a parent you will know how you would feel if it was your child!

  • makarapakaplan - 2012-09-14 12:24

    I don't buy this shaved head nonsense, probably thought it would just "go away" if he didn't pitch, miss court at your peril!

  • Dawn Campbell Gibson - 2012-09-14 14:48

    At 16 he is still a kid. WTF. Put a kid in a room with a convicted murderer. F@*k the system!

  • Harold Chisimba - 2012-09-14 15:29

    If that rapist is already serving life sentence, The punishment must be extended to death sent.

  • kevo.swartz - 2012-09-14 20:05

    En n ander 16 jarige multi accused moordenaar loop skotvry.

  • fort.horseman.7 - 2012-09-14 21:13

    If the boy endf in hospital indi2tes he was 1st assualted by the shopkeeper which is usually the trend.My question to the ting cald the police,why rnt u charging the shopowner for assault.Mrs Phiyega, what hapnd to fighting corruption in ur institution?

      marty.krog.7 - 2012-12-12 10:07

      Oh, so now it is the victims fault. Typical. Did it even enter your mind that perhaps he was hurt trying escape from arrest. No, I thought not. You are part of the breaking down system.

      TaniaSandraSteyn - 2012-12-12 10:35

      Woolworths security staff would assault a shoplifter? Read again, please.

  • fort.horseman.7 - 2012-09-14 21:14

    If the boy ended up in hospital indicates he was 1st assualted by the shopkeeper which is usually the trend.My question to the ting cald the police,why rnt u charging the shopowner for assault.Mrs Phiyega, what hapnd to fighting corruption in ur institution?

  • Brilliant Sibisi - 2012-09-14 22:55

    14years only!!! For murder! OMG

  • louise.minnie - 2012-09-15 17:49

    Stupid bastards are suppose to know the law better than people on the street and the law is that children cannot be detained in jail. If they dont have a gaurdian or parent they must go to a place of safety - stupid policeman

  • truthis.tway - 2012-12-12 09:53

    So where are all the "Papa wag vir jou" smart arses now?

      gert.vdmerwe.1 - 2012-12-12 15:05

      "Papa wag vir jou" is usually used to taunt convicted sex offenders going to jail e.g. paedophiles etc. Definitely not for a kid who committed a petty crime. If you do not have something constructive to add why not do some work iso blabbing about an adage that you clearly do not understand.

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