No bail for Athlone man who allegedly drugged and raped 13-year-old

2018-09-19 20:10
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A man, who allegedly spiked a 13-year-old girl's soft drink before he made her shave her pubic hair and raped her, was denied bail in the Wynberg Magistrate's Court on Wednesday.

In delivering the verdict, Magistrate Goolam Bawa said he had heard two versions of what happened – that of the accused and that of the teen – but he felt the investigating officer had a good case so far.

According to the teen's version, the accused allegedly pulled her into his house when she walked past, locked the door and hid the keys.

"She reports that he gave her some Coca-Cola to drink which she suspects was laced with something as she immediately became drowsy and incapacitated after drinking the liquid," Bawa said.

He allegedly gave her a razor blade and told her to go to the bathroom to shave her pubic hair. 

Later, he allegedly left welts on her body, described as "love bites", penetrated her without using a condom, and forced her to perform oral sex.

The court heard that the man was restless and violent towards her, and that he let her go at about 22:30.

She went to a friend's house before going home the next day.

When her aunt asked her where she had been, she told her aunt the story and the matter was reported to the police. The man was pointed out and arrested.

However, according to the accused's version, the teen had been drinking at his place with friends on July 25 in Athlone and was alone with him when the friends left to buy slap chips.

The married father of two said the teenager left his place unharmed between 16:00 and 17:00, although he conceded giving her "love bites".

He claimed the girl only claimed she had been raped when her father chastised her for not sleeping at home.

In delivering judgment in the bail application, Bawa said that, because of the nature of the offence, he had to take all aspects into account to decide whether there were extraordinary reasons bail should be granted.

He pointed out that a background check indicated the man had previous convictions. In 2000, he was convicted of a weapon-related charge; in 2004 he received a 12-month suspended sentence related to the Prisons Act (details were not provided) and in 2005 he was sentenced to five years in prison for rape. The accused was also out on bail in a pending assault and murder case in Atlantis when he was accused of the rape.

Taking into account the accused's criminal record and the pending cases against him, as well as the likelihood that he faced a heavy sentence if convicted, Bawa found that he posed a flight risk.

The magistrate also said that a medical examination confirmed that the teen had multiple gynaecological injuries consistent with allegations of sexual assault.

In addition, he received a petition from residents who were opposed to the man's release on bail out of fear for the safety of residents and children in the area where he lives. The girl's mother also submitted an affidavit to say the girl had to be closely monitored because she was traumatised and threatened to commit suicide.

The bail application was dismissed and the case was postponed to November 28 to give the State time to obtain crime scene photographs. DNA results are also still outstanding.

As the stocky accused was led away in his shackles, three women in court stood up and said to Bawa: "Thank you. Thank you, Sir. Thank you very much."

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Read more on:    crime  |  courts  |  rape allegations

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