LEGAL advocacy and children's rights groups are outraged that the 15-year-old girl who was allegedly gang-raped at school will also face a charge of statutory rape.
The National Director of Public Prosecutions, Menzi Simelane, has authorised prosecution against the Jules High School boys, aged 14 and 16 years old, and the girl who engaged in sexual intercourse at the school.
The pupils appeared in the Johannesburg magistrate's court yesterday.
The boys were released to the custody of their parents while the girl’s inquiry continues today. The boys will appear again on December 1.
Tshwaranang Legal Advocacy Centre spokesperson Lisa Vetten said it was dubious that the girl was also being charged. "It is a surprise charge. The girl was drugged before she was raped. She was not in a state to give consent. It is deeply concerning because the boys even recorded the incident. I don't understand why they are charging her."
Regional psychological support initiative deputy director Lynette- Mudekunye said: "It doesn't make sense. It was two against one. She was drugged before she was raped.
How do they charge her with anything? We have a problem here." Samantha Waterhouse of the University of the Western Cape's community law centre said she was concerned that it seemed that the allegation of a date rape drug and the recording and distribution of the video were not being taken seriously.
The National Prosecuting Authority (NPA) said the decision was taken after the case docket relating to the incident was submitted to the senior public prosecutor in court.
"Two minor suspects had been arrested in connection with the alleged gang-rape incident. After studying the evidence contained therein, 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," the NPA said in a statement yesterday.
The two boys were arrested for rape on November 8. It's alleged that they gave the girl and her friend a spiked drink. The boys filmed the incident on their cellphones and a video clip was circulated at the school. On Thursday last week, senior public prosecutor and the acting director of public prosecutions had a lengthy consultation with the girl and possible witnesses.
Simelane then came to the conclusion that the three should be charged with the contravention of Sexual Offences and Related Matters Act 32 of 2007.
The charge is based on Section 15 of the Act, which reads: "A person who commits an act of sexual penetration with a child is, despite the consent of the child to the commission of such an act, guilty of the offence of having committed an act of consensual sexual penetration with a child." – Additional reporting by Namhla Tshisela
Anger over charge of raped girl
LEGAL advocacy and children's rights groups are outraged that the 15-year-old girl who was allegedly gang-raped at school will also face a charge of statutory rape.
The National Director of Public Prosecutions, Menzi Simelane, has authorised prosecution against the Jules High School boys, aged 14 and 16 years old, and the girl who engaged in sexual intercourse at the school.
The pupils appeared in the Johannesburg magistrate's court yesterday.
The boys were released to the custody of their parents while the girl’s inquiry continues today. The boys will appear again on December 1.
Tshwaranang Legal Advocacy Centre spokesperson Lisa Vetten said it was dubious that the girl was also being charged. "It is a surprise charge. The girl was drugged before she was raped. She was not in a state to give consent. It is deeply concerning because the boys even recorded the incident. I don't understand why they are charging her."
Regional psychological support initiative deputy director Lynette- Mudekunye said: "It doesn't make sense. It was two against one. She was drugged before she was raped.
How do they charge her with anything? We have a problem here." Samantha Waterhouse of the University of the Western Cape's community law centre said she was concerned that it seemed that the allegation of a date rape drug and the recording and distribution of the video were not being taken seriously.
The National Prosecuting Authority (NPA) said the decision was taken after the case docket relating to the incident was submitted to the senior public prosecutor in court.
"Two minor suspects had been arrested in connection with the alleged gang-rape incident. After studying the evidence contained therein, 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," the NPA said in a statement yesterday.
The two boys were arrested for rape on November 8. It's alleged that they gave the girl and her friend a spiked drink. The boys filmed the incident on their cellphones and a video clip was circulated at the school. On Thursday last week, senior public prosecutor and the acting director of public prosecutions had a lengthy consultation with the girl and possible witnesses.
Simelane then came to the conclusion that the three should be charged with the contravention of Sexual Offences and Related Matters Act 32 of 2007.
The charge is based on Section 15 of the Act, which reads: "A person who commits an act of sexual penetration with a child is, despite the consent of the child to the commission of such an act, guilty of the offence of having committed an act of consensual sexual penetration with a child." – Additional reporting by Namhla Tshisela
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