Parties outraged at sex charges

2010-11-18 17:11

Johannesburg - Political parties have expressed outrage at the charging of three high school pupils with statutory rape, after a Jules High School girl claimed she was gang raped and later, according to reports, agreed the sex was consensual.

"The tardy investigation of the case by the police and the recent decision to also charge the alleged victim is yet another indictment to the women of this country," said provincial secretary of the Young Communist League of SA, Alex Mashilo.

"It is a demonstration that far from being free and equal citizens in South Africa - with the equal protection and benefit of the law - women in this country still slave away under a patriarchal criminal justice machinery."

The girl, aged 15, and the two boys, 14 and 16, were charged with statutory rape by the national director of public prosecutions Advocate Menzi Simelane on Wednesday.

Spokesperson for Cope's Gauteng portfolio committee for gender, youth and people with disabilities, Sikelelwa Clara Sodlulashe-Motau, said the charge comes as a "shocking revelation".

"Has the prosecution even considered and taken into account that the girl (claimed) the act (had) been rape?

"The fact that she was under the influence of illegal substances, should in itself, prove that she was not in a state to give consent to sex.

Sex consensual

"Therefore, we cannot understand why they are charging her".

According to the Independent Online (IOL) the girl admitted in the Johannesburg Magistrate's Court, during her second appearance on Thursday, that the sex was consensual.

Magdalene Moonsamy, spokesperson for the ANC Youth League, appealed to Simelane to drop the charges.

"(We) humbly request the Public Prosecutor, Advocate Menzi Simelane, to drop criminal charges against the three Jules High School learners for what was initially reported as rape, if the incident is really not rape," she said.

"In full respect of the rule of law and all criminal procedures that exist, the ANC Youth League does not believe that criminally prosecuting children will correct their behaviour.

"The unfortunate incident at Jules High School is an indication of deeper issues that must be resolved in society and specifically through interventions of amongst others, the education system, communities, parents, religious formations and real non-governmental organisations".

The two boys 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 cell phones which was later shown to prosecutors as evidence.

Her case and the boys' case have been postponed until December 1 for a final order, IOL said.

All three have been placed on a diversion programme.

Sibani Mngadi, spokesperson for the ministry for women, children and persons with disabilities, said the ministry emphasised "respect for the criminal justice process".

"The Ministry is primarily concerned with the fact that the girl should continue to receive the necessary psycho-social and other support needed for her to go through this traumatic experience.

"The Ministry is also concerned that there may still be persons in possession of the video recording this incident... Both production and possession of child pornography is illegal in South Africa.".

  • scott - 2010-11-18 18:04

    i think it should set a precedence.The girl said it was consensual when in court and sober,non-intoxicated. The youth should also know and learn at that age that the law is applicable to them,all youth, and that it is a social problem(underage sex).The law is there for all our protection(theoretically).Flaunting the statutory law is there to minimise problems in societies, thats why countries have them.

  • scott - 2010-11-18 18:05

    sorry,the statutory law is there for protection and should not be flaunted.

  • BigPig69 - 2010-11-18 18:24

    If they want to act like adults, they should be treated like adults. Let them face the consequences. If you look at what is happening in schools theses days and the attitude of a lot of the young ones, this might just serve as a detterent.

  • Lestor - 2010-11-18 18:27

    While I have no problem with charging someone who pretends they were raped I don't think charging minors for underage consensual sex is the way to go. Cannot believe it but im with the ANCYL on this one.

  • Tellimittus - 2010-11-18 18:31

    All we have to work with are the facts and everything else at this stage is just guesswork on our part. What we know is that both parties have said that the sex was consensual. We don't know that the young girl in this case is being threatened or was forced to change her story. For all we know, the girl could be the one that was bribing the two boys using the threat of accusing them of rape. What we do know is that three underage people had sex. That constitutes statutory rape for all parties involved not just the males because of their sex. Anything else would be considered sexual prejudice. With the information on hand and without the introduction of new information,the police in this case are doing their jobs.

      Sizwe - 2010-11-18 19:58

      Hear hear.

      robertgunning - 2010-11-19 08:33

      The voice of reason. I agree completely

  • PB - 2010-11-19 07:55

    Second time this week that I (gasp!!) agree with the ANCYL. So yes, maybe it should not be called statutory rape (although I still wonder about that one)but they are typically of the generation of entitled, ill-disciplined brats who do what they want, because they know that there will be absolutely no repercussions. Look at all the hoo ha everytime another corruption case etc. is revealed - have you ever heard of any REAL punishment? All three kids must experience real punishment for wasting all the time and money spent on the investigation, if nothing else. Yes, what happened is sad and shocking, but they all do have to take responsibility for their actions - and that includes being punished for doing what they all knew was not accepted by society or the law.

  • Liz - 2010-11-19 10:13

    SA law was changed to be non-sexist so that the term "rape" (statutory or otherwise) is a term applicable to both male and female victims. So all 3 teens are guilty of rape. Rape is a scourge of SA society. However it is not acceptable for a bunch of oversexed teenagers to do the deed, then have regrets and cry "rape". I agree that all 3 should be charged. Make other teens think a bit before they jump into the act.

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  • jacques.vanheerden.58 - 2012-05-12 09:14

    A woman is a willing participant in a sexual orgie. She behaves in a manner that defies what \avarage\ decent people would consider acceptable. After having consensual sex with one or more partners she cries rape. Men get arrested, some are even sodomized in prison because of false trumped up charges and people expect these woman to get of scott free. They should be hauled in public and burned alive after stoning and beating.\r\n\r\nThese woman detract from the real crime of rape, they are the cause that woman who are real victims of rape are too affraid to come forward and report these heiniouus crimes to the authorities.\r\n\r\n\r\nIf a woman is willing to have consensual sex and she gets pissed of with the guy some time later for what ever reason, crying rape is not the answer. When she gets found out, they should face the FULL might of the law.\r\n\r\nStatutory rape is rape even if the victim conscented. But then again the girl should say so, not make a false allegation of rape!\r\n \r\nThe same applies for rapist, no mercy from the law.

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