Accused's DNA in domestic worker rape case tests positive

2018-03-19 19:11
Magistrate's Court. (Duncan Alfreds, News24, file)

Magistrate's Court. (Duncan Alfreds, News24, file)

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Pretoria - The DNA results of a 41-year-old man, who allegedly raped his domestic worker and forced her to perform sexual acts with his dogs, has tested positive, the Bronkhorstspruit Magistrate’s Court heard on Monday. 

During the bail application of the accused, who cannot be named to protect the identity of the victim, Captain Shane Van Rooyen - who stood in for the investigating officer  - told the court that the accused’s DNA had been found in the victim’s vagina. 

He further testified that the victim’s genitals were bruised and that she had an open wound on her right thigh. 

Van Rooyen said they were still awaiting the DNA tests of the dogs, which may or may not positively prove that the victim was forced to perform sexual acts with the animals.

The court heard that the victim was an employee of the accused’s parents and that, during the course of the day October 23, 2017, the accused had refused to allow the victim to leave the premises and had "kept her in his room where he raped her at different times".

"The victim says she was raped five times," said Van Rooyen. 

READ: My son is unstable, says father of son accused of domestic worker rape, sex acts with dogs

He added that the accused had allowed the dogs into his room, where he forced her to perform oral sex on them and allowed the dogs to have intercourse with her. 

Van Rooyen further testified that the accused’s parents came to the house, but left after an argument with the accused, and that the victim only managed to escape in the early hours of morning on October 24. 

"The victim used something to spray the accused person and [she] escaped wearing only a towel."

He added that she was helped out of the house by the accused’s father, and then she had run to the neighbour’s house where the accused’s mother dropped off her clothes. 

'It was not the first time we had sex'

Van Rooyen said the neighbour would testify that she saw the accused’s father opening the gate for the victim after coming to investigate screams that she had heard. The neighbour also initially thought the screams were part of a reoccurring spat between the accused and his parents. 

During the bail application the accused's lawyer, Ehleketani Maluleke, read an affidavit by the accused in which he states that he and he domestic worker were in a relationship and that the sex was consensual. 

"It was not the first time we had sex," Maluleke read from the affidavit. 

She also read an affidavit from a witness for the defence, which stated that the victim and accused had been in a relationship and that she would often "chill and drink with them" at a tavern in Bronkhorstspruit. 

However, the State argued that the accused’s statement made no mention that people knew about the relationship.

In his father’s statement obtained last year, he also did not mention that the accused was in a relationship with the victim, Van Rooyen told the court. 

Maluleke also told the court that the accused had one previous conviction for driving under the influence of alcohol, committed 22 years ago. He added that the accused had previously been married, but that his wife had died in 2005. 

During a previous court appearance, a psychiatrist who evaluated the accused for seven days, declared that he was mentally fit to stand trial.

History of instability

On the back of the testimony, the court also dismissed an application by the defence to have the accused admitted to Weskoppies Psychiatric Hospital in Pretoria for mental observation.

The accused's father previously testified that his son had always been mentally unstable.

"One moment he would be fine, the next he would be angry, swearing, shouting, fighting and breaking things."

He said this behaviour had started when his son was nine years old.

"In mid-1993, he got so bad… he got angrier and more violent, that we took him to the district surgeon in Potchefstroom to have him observed because of his unacceptable behaviour.

"They sent him to Sterkfontein Psychiatric Hospital in Krugersdorp. He was there for two weeks, where they diagnosed him as mentally... [challenged]."

The father also testified that, in 1999, his son had set himself alight and had sustained burn wounds over 33% of his body.

The accused has been charged with 10 counts, including five of rape and three counts of sexual assault. 

The bail application has been postponed to March 22.

Read more on:    sexual assault  |  courts

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