News24

Surgeon found guilty of rape

2010-03-26 17:10

Cape Town - Former Bellville specialist orthopaedic surgeon Johannes Albertus Roux Volsteedt was on Friday found guilty of raping and indecently assaulting a former female patient.

He was also found guilty of 14 counts of indecent assault on nine other female patients.

He appeared in the Bellville Regional Court where acting magistrate Andre Le Grange said he had no hesitation in accepting the versions of the different victims.

Defence counsel Graham van der Spuy said he would have Volsteedt assessed by either a psychiatrist or a psychologist and that he would present their assessments to the court in mitigation of sentence.

Prosecutor Esma Erasmus said she would be presenting evidence in aggravation of sentence.

Le Grange rejected Volsteedt's defence of the rape charge that the victim had consented to having sex with him.

Volsteedt, who moved to Witbank where he now practices at the Park Medical Centre, is also on trial in the Witbank Regional Court on three charges of indecent assault also involving women patients.

His trial in Witbank is expected to continue on Monday.

Vulnerable

Le Grange said Van der Spuy had criticised the ten victims for their failure to immediately report their ordeals to the police.

Le Grange said their failure to report the incident immediately could hardly mean that the incident did not happen, as contended by Van der Spuy.

"Few things can be more difficult and humiliating for women rape victims than to cry rape," Le Grange said.

He said the rape victim had just lost her adult son at the time that she consulted Volsteedt and must have felt vulnerable.

Le Grange said it was highly unlikely and improbable that, in these circumstances, within half an hour of her first meeting with Volsteedt, she would have consented to having sex with him.

When confronted by the police about the rape, Volsteedt had made no mention of consent at all, Le Grange said.

The possibility that the rape victim had fabricated her story did not exist.

Bail increased

On the indecent assault charges, most of the victims were mothers, and all said that Volsteedt had stimulated their private parts during consultations.

Le Grange said he was unable to find any reason why the victims would deliberately want to give false testimony against Volsteedt.

He had no hesitation in rejecting Volsteedt's claim that he had done nothing wrong and that his conduct during consultations with the victims had been nothing but professional.

The case was postponed to June 14 for sentencing proceedings.

Volsteedt's bail of R5 000 was revoked and the magistrate increased it to R15 000 on certain conditions.