Alleged gang rape victim also faces charge

2010-11-17 16:57

Johannesburg - A 15-year-old schoolgirl and two boys who allegedly raped her at Jules High school were charged with statutory rape in the Johannesburg Magistrate's Court on Wednesday.

"Advocate Menzi Simelane came to the conclusion that both the two minor suspects and the girl who had been complainant... should be charged with contravention of the sexual offences and related matters act," the National Prosecuting Authority said in a statement.

Spokesperson Mthunzi Mhaga said the act read that consensual sex with a minor was still a prosecutable offence.

A new law in the Child Justice Act stated that where sex occurred between people under the age of 16, arrests for both parties could be made for statutory rape.

The two boys, aged 14 and 16, were arrested on November 8 after allegedly raping the girl at her school in Jeppestown on November 4.

They allegedly filmed the incident on their cellphones which was later shown to prosecutors as evidence.

"Prosecutors had earlier concluded that there was insufficient evidence to prosecute the two minor suspects with rape and requested further investigations to be conducted while also considering other possible charges," Mhaga said.

"On November 11, the Senior Public Prosecutor and the Acting Director of Public Prosecutions had a lengthy consultation with the girl and possible witnesses," he said.

It was after this consultation as well as an analysis of the facts and the overall circumstances of this case, that all three were charged, he said.

The three appeared in court on Wednesday where a preliminary inquiry was held in terms of the Child Justice Act.

The inquiry was postponed to Thursday for the girl and December 1 for the two boys.

They were released into the custody of their parents until their next appearance.

  • gory - 2010-11-17 17:27

    WHAT??? Is Menzi Simelane retarded? Consensual does not apply in this case. The world has gone mad.

      GT - 2010-11-17 17:59

      Have you seen the evidence or are you just sucking it off news24? consensual underaged sex means that a prosecution is pointless as there is no victim. This is one of those rare occasions when Appointment Simelane has it right.

      scott - 2010-11-18 12:21

      if the girl said she wanted to have sex with the boys before it happened or maybe she has slept with them before, it has no bearing on this case? are you retarded? Statutory applies here. Are all you people wanting the girl to have said no? you are all wanting a very bad story instead of the 1 that is arising? yr right. the world has gone mad.aparantly most of the world has a rule of what age you are allowed to decide to have sex.

  • JudithNkwe - 2010-11-17 17:29

    This is a complete travesty - why aren't the teachers being charged as well?

      scott - 2010-11-18 12:08

      yep with what? i would want them diciplined tho.If they actually did stand around and watch.Parents should have been called and police also.perhaps it is becoming a culture of I dont care? drugs sex and alcohol werent allowed when i was at school. parents .police and discipline were involved.i suppose those things because were instilled in apartheid days are now thought of as wrong?

  • Liam - 2010-11-17 17:33

    What a shocking miscarrage of justice. This is a disgrace! I guess its now fine to date rape someone, gang rape them and film it - just so long as everyone is over 16

      toxicpolony - 2010-11-18 10:10

      I think that the filming was the evidence used as proof, to indicate that it wasnt actually rape. Maybe thats why the teachers did nothing. I think the media may have blown this one,,,,,,so to speak.

      scott - 2010-11-18 11:28

      i think everybody jumping to conclusions had a big impact here.Obviously jumping at verdicts before evidence is heard.....and seen!!!!!! I think we were misled about the date-rape drug, or maybe not. Obviously the girl must have taken it,or they tried it out, had sex and got caught. The worse thing is that the schoolkids involved were drinking,had access to rehepnol and were sexually active, ALL AT School. no wonder people are heading overseas.

  • j.malemmer - 2010-11-17 17:43

    Like it or not, it is a cultural thing. It used to be called 'damages' and a fine was paid to the family. Why are those morons from the Eastern Cape that take 11 year old's for wives not prosecuted?

      jdegraad - 2010-11-18 00:42

      because if you get married first then you are seen as having reached full adulthood in the eyes of the law.

  • Zion - 2010-11-17 17:46

    According to the news articles and television clips the girl was under the influence of some or other drug. Now if that is the case then she can not be held responsible in terms of the legislation. Perhaps she may have been lying about the drug issue which could implicate her adversely. Currently, and in all fairness, we may be passing judgement only on the basis of what the media has given us.

  • Fed-Up - 2010-11-17 17:47

    Gory, JudithNkwe, Liam - those are very bold statements! I would think that the law should run course before we judge. Not one of us have all the facts, it is based on what we saw in the press, which in all fairness COULD (Please note I did not say IS!) be sensational, one-sided or conveniently left our some facts, perhaps the press stated all the facts they have, but it is incomplete, maybe only gave the girls side or the parent. That something bad happened I think all is in agreement - and I think we should see what comes out in the trail to be able to assess the facts before we judge!

  • jessica.nothnagel - 2010-11-17 17:56

    That's South-Africa for you....

  • jessica.nothnagel - 2010-11-17 17:57

    That's South-Africa for you...

  • geanann - 2010-11-17 17:57

    No matter how this turns out it is the sign of a very sick society but then what can we expect in a country where the abduction and rape of teenage girls is a part of the culture and traditions of large sections of society; See also;

  • Ole - 2010-11-17 18:22

    What on earth. iv never heard such B.S in my life! what is this country coming to! Boys that arent even through pubity are raping and they are going to walk scott free due to lack of evidence! there have to be witnesses, I mean who else colud have shot the video? father Christmas?! wasnt the girl taken to hospital to confirm her rape,and what happended to semen traces?? this is beyond an outrage!

  • Toga - 2010-11-17 18:32

    Are you kidding us??? So, when a toddler is raped by someone under 16, what are they going to do the toddler? How many underage victims are not going to understand the full implications of this law and believe that if they are under the age of 16, no matter who rapes them, they are liable to be held accountable. There is no "consentual" in this - rape is rape is rape ... my goodness, this is total rubbish.

  • partson - 2010-11-17 18:37

    I am not shocked the way these young girls imbibe and loose virginity at 12 is shocking AND that shld be everyone's concern. Albeit I am old fashioned the kids have rights to f#@k at xul too

  • omphile.pheelwane - 2010-11-17 18:46

    This is sick... Who is protecting the poor victim now....

  • IQSavvy - 2010-11-17 18:49

    "A new law in the Child Justice Act stated that where sex occurred between people under the age of 16, arrests for both parties could be made for statutory rape." now how is this law applicable to actual rape? "Prosecutors had earlier concluded that there was insufficient evidence to prosecute the two minor suspects with rape and requested further investigations to be conducted while also considering other possible charges," Mhaga said. Heloooo!!! it was captured on a cellphone, what more evidence do you need? OMG, the justice system in this country is sick!!!!!!!!

      toxicpolony - 2010-11-18 10:14

      Ok let me spell it out. The filming "the brutally obvious evidence" did just that. It became the downfall of the case. The filming did not indicate the acts & violence associated with rape. The filming indicated that children were having sex. It's not the same thing.

      Jo - 2010-11-18 12:06

      I'm sure that the film shows that the boys had also ingested a date-rape drug before the girl forced them to have sex with her - it's important that they enter that into the charge against her, right? What a horrible time we live in.

  • greentl - 2010-11-17 18:51

    The message is that we tell our kids it is okay to drink, smoke and have sex while at school, where is the discipline? what are the teachers doing? Why is such things happening during school hours? How can we trust to send our kids to school when they are not safe from their own peers?

  • greentl - 2010-11-17 18:56

    This is BS!!! Kids should be screened and assessed when being registered for high school, because I have seen what they get up to during the day, they are smoking and hanging around the corners drinking with their friends and skipping school, if you look at them they ask "what you looking at", let alone report these matters and see on whose ears will they fall? This is disgrace and discipline should start at home firstly!

  • greentl - 2010-11-17 18:59

    What kind of people are we when we do not discipline our kids, thats why this is happening? I am dissapointed and disgusted. I too have a daughter who will be attending high school in a years time,am i suppossed to tell her that this is the norm and get used to it! Parents start punishing your kids for their wrongs etc... no respect of teachers, elders, themselves, it's not what the world is coming's the way we are bringing up our kids!!!

  • greentl - 2010-11-17 19:04

    THe law does not exist in SA, so i guess nothing will ever come of this, that is message here, instead of the police arresting people drinking in shebeens why aren't they checking up on school kids in uniform, they way they did in the we should be ashamed of our schools, the law the works! If we don't fix this now south africa has had it with the future

  • H Lategan - 2010-11-17 20:06

    The circus is in town...

      Lauren - 2010-11-18 10:06

      H? That you?

  • palmerc - 2010-11-17 20:36

    Not one of you has actually seen the video yet all of you say that it is rape. Are you psychic or what? Let the police do their work...

  • Snoopy88 - 2010-11-18 08:12

    Rape - the only crime where the victim has to prove her innocence!

  • willem.needham - 2010-11-18 08:51

    Funny how everybody was OK with the 14 yr boy being arrested when the girl cried rape. Now that the procecution has satisfied themselves that she is culpable as well everybody is up in arms about a travesty of justice and the minor age thing is a major issue. Bullshit if you lie waste resources time and money than you shpould be held accountable to the extent the law can do so.

  • marius.lubbe - 2010-11-18 08:58

    Hang on why does everybody just automatically assume that the POOR GIRL was raped as reported. Could it be that she was nonparticipating freely and then became scared when she realised what the outcome would be? Why would the boys be the evil partners without question? You never heard of girls being sexually promiscuous and being sexually aggressive?

      Jo - 2010-11-18 12:04

      I don't know what disgusted you the most about this situation, but for me it was the action (non-action) of the teachers. Besides that, in a country who is approaching a 1-in-4 HIV statistic, cases like these need to be highlighted. I think that it's counter-productive to debate the girl/boy issue - underage drugged groupsex on a school ground during the day being filmed should be illegal, if it isn't already. It may not be rape, but according to the child act, HIV prevention and common sense, there are quite a number of laws and rules being broken there.

  • djmilano.26 - 2010-11-18 09:12

    As i said wait for the law to take its course,there was never rape in the first place these girls are Jaars

  • egmaarman - 2010-11-18 09:19

    Why is the girl also charged? I can't believe that when you are 'raped' you have to prove that you have been raped; the justice system in SA is pathetic!

      toxicpolony - 2010-11-18 10:17

      The evidence the video, seemed to indicate people having sex. Rape is an entirely different thing. After viewing the much publisised evidence, those viewing it have now seen that it was a sexual act, but not a forced one. What if it turns out that it was merely sex. Disgusting sure, illegal sure, but rape, no. Calm down..

      scott - 2010-11-18 11:35

      yr understanding of the situation is pathetic. God why do people in this country make all their decisions on emotion and not through educated, reasoned thought.

      Jo - 2010-11-18 12:01

      Um, toxicpolony, do you think that underage drugged groupsex on a school ground during the day being filmed isn't illegal? It may not be rape, but according to the child act, HIV prevention and common sense, there are quite a number of laws and rules being broken there.

      scott - 2010-11-18 12:11

      yes Jo but it has been ruled out that it is NOT rape ok? yes laws were broken and they will face that,but rape,no. everybody is going crazy and half blind

      Jo - 2010-11-18 13:33

      relax, Scott - stat rape is probably a worse charge in SA because rape is almost a national hobby. The subject isn't light, comforting or funny for a girl or woman.

  • Jo - 2010-11-18 11:57

    I wonder who the 15 year old girl is said to have statutorally have raped - both boys, or only the 14 year old who was raping her? Will the prosecution be prosecuting her while defending the boys, and then vice versa? If they charge everyone, does that cancel out the crime? And what will be happening to the teachers?

      scott - 2010-11-18 12:13

      THE CRIME IS NOT RAPE!!!!!!! its STATUTORY RAPE!!!!!!!!! there is a big difference. They are being charged with consensual sex. SO to explain it to you.It was proven that the girl said she wanted to have sex with both boys. GOT IT. they are actually being charged with having sex,but being too young to decide to have sex. DO YOU UNDERSTAND?

      scott - 2010-11-18 12:17

      er....if a group of bank robbers get caught and all people are charged does it get cancelled out?

      Jo - 2010-11-18 13:29

      Take a deep breath, Scott - the sex is not what's bothering me as much as the allegation of drugging (I'm sure we tested for it...) and the non-action of teachers. And the circularity of all of them being charged is great - it's going to be a pioneer case showing the weirdness of the cyberage.

      Jo - 2010-11-18 13:30

      Re the bank - in such a case there is a VICTIM, Scott - the bank. In this case, who is bringing the charges? Two of them are victims, and three of them are perpertrators of stat rape.

  • juansaay - 2010-11-18 12:55

    well maybe they playing a game to some conviction, they cant charge the boys with rape so they charge all of them individually with statutory rape, the girl gets off cause she wasnt in the right state of mind, drunk or drugged; and the boys.... well have no valid/legal reason for having under age sex so the charge sticks, because there is proof of under age sex occuring, but no proof as to if it was concensual or not ... rather have a guilty on statutory rape than a not guilty charge on rape?

  • shylady777 - 2010-11-18 13:53

    I really think they need to look at the wording of the cannot possibly say that where two minors are having sex they will both be charged.....what about where rape occurs.....people won't be coming forward in the fear that they too will be charged.....rapists will now rape freely because they will have this clause where they can claim sex was consensual.....the sentence for stat rape and full blown rape are very different.....

  • curbylee - 2010-11-18 14:32

    This is a very interesting case for SA history. First I would like to base my comments on what I believe is happening around the country for that matter. 1] I am sitting abroad and wonder what the real evidence is, is it the video, is it the testimonies, is it witnesses or what? If the video shows that the girl actually gave her consent, it still should be statutory rape, if not that means any boy or girl for that matter could ask a 5 or 10 year old to have sex and get away with it. That is why I state again this is a law-forming case. If she was drugged whether by herself or the rapists, they should be charged with drug peddling or similar charge. Also with entering a education institution with drugs - I do not know what the law states in those cases though. The girl in this case could even have been ad old customer, which means she also should be charged with raping the boys. I agree on that. My only concern would be that if that get charged, other "rapists might se it as a stick to do these things. I hope we het a well-oiled decision in this case... We need it...And I hope the rest of SA schools is watching, that is scholars and teachers and rapists the lot. I am highly over protective of my children - What is wrong with our parents as well. Actually I think parents hould be drawn into this as well, cause they should have taught their children how to behave, also since they are minors...

  • Greg - 2010-11-18 14:37

    Simelani you chop, charge all the participants i.e. teachers, pupils and anyone else that was involved.

  • AllHoliday - 2010-11-18 14:58

    Now what was this? Rape or just sex between 2 children? Were the girl drugged or not? Can the reporter be more specific? Or is this just another waste of the courts time? If this was consensual sex, then good for the judge to charge the girl for crying rape. However if she were druged the video will obviously not show that she put up a fight - but it is still rape!

  • hemant230778 - 2010-11-18 15:04

    Ok, Wait, let me get this straight, this happened on schools ground, during school hours, in front of teachers and they did nothing. When I was in school, our parents got called in if we as much as held hands in the corridor.

  • Sizwe - 2010-11-18 19:52

    The Question of Rape is a moot one as the NPA has ruled based on all facts considered. The issue here is the alternative charge of statutory rape. All things considered I believe the state is wasting valueable resaources as it has by its own admission concluded the conduct to be consensual, therefore this matter has to be referred to social services and the children 's parents to highlight the underlying cause for this deviant behaviour; as I am sure we all agree teens having sex (consensual or otherwise), and on school property says a lot about the childrens moral fibre and needs to be corrected. This whole media circus is not helping the cause of these children one bit, and I believe we should let them be prioritised and not sensationalism as of late.

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