Raped woman fears being a victim again
LOCKS and chains on her bedroom door failed to keep an assailant out in the middle of the night, and now that the man she accuses of raping her has been acquitted, a Port Elizabeth woman fears that she will become a target once more.
- Cops plead not guilty in toilet rape case
- Doctor on bail faces another rape charge
- Suspected criminal stoned to death
- Second granny (82) raped in one week
- Parolee attacks woman aged 94
- 'Sangoma' on the run after rape
- Childline concerned over hike in child rapes
- Limpopo gang rapes shock police chief
- Sunday rapist cries as ex-wife testifies
- How rape ordeal affected girl (7)
In January last year, a young woman from Walmer was allegedly assaulted and raped. Her door had been bolted shut with a thick chain and padlock.
But, the perpetrator kicked in the bottom half of the door and crawled through the opening.
He had allegedly held a knife to her throat, raped and sodomised her.
But the man she identified as her rapist was yesterday acquitted by the Port Elizabeth Regional Court - almost a year after the matter went to court.
At the close of the state's case yesterday morning, the defence brought a Section 174 application for Siyabulela Dywili's discharge due to lack of evidence.
The complainant was the state's only witness.
Meanwhile, Dywili, 28, also from Walmer, pleaded not guilty to charges of housebreaking, theft and rape. He claimed he was at a tavern with friends at the time of the attack.
Lizette Visage, from the Legal Aid Board of South Africa, argued that it had been too dark in the complainant's shack for her to positively identify the accused. She said the only source of light had been a floodlight outside the complainant's shack.
Only a portion of her door had been open and therefore only a limited amount of light would have been let in. According to the 25-year-old complainant's testimony, her alleged rapist had been wearing a hooded jacket at the time of the offence.
"She could have made a mistake," Visage said.
Forensic evidence also failed to link the accused to the rape.
State prosecutor Ismart Serfontein agreed that due to the complainant being a single witness, the cautionary rule needed to be applied.
"But the witness honestly believed it was him (Dywili)," she argued.
"The state is reluctantly conceding that this identification is not reliable enough on its own and that the court should rule in favour of the accused."
Magistrate Dan Ngoqo agreed and freed Dywili.
Most Popular
-
No Viewed Articles yet
Comments
warburton
its so painful what is happening to SAReport Abuse
maneater
so the perpetrator is still out there?? now that is why i sometimes condone it when the community take it upon themselves to sort these things out.Report Abuse
OLDLADY4
Wait guys. If forensic evidence couldn't link the guy, there really is no evidence. What if someone accused you of doing something you did not do? A victim of severe trauma often just picks up a smell, or something as small as someone with a similar built, and it triggers memories. Those memories can easily lead to accusing the person who triggered the memory, and actually believing that it is the guilty person. That is why the justice system has to go on more evidence than just a victim's word.Report Abuse
lolisted
@OLDLADY4 forensic mean sh!t, I was raped by someone I knew and guess what there was no evidence because he used a condom and believe me it is traumatic but truth be told we have a messed up justice system from the police to the judges. i'd make him pay stru!!!!!!Report Abuse
Kgaoza606
If only these rapists could think beyond their horny penises and realise they are destroying the lives of people, these fukcas and murders are all the same, they just be thrown in hell and burn with father satan. But they will one day reap what they sow...Report Abuse
Ndona
Bring back death penalty for rapists and murders!I'll personally put a bullet into his brain should this happen to my loved one (and be jailed for murder).
We are living in a sick society.
Report Abuse
GORRILAH
At least he is out on the streets so go and get a hit-man(inkabe) and then justice will served. Its not a lot of money to get a hit-man(inkabe) ask me I know.Report Abuse
BRA-MAFUTHA
What if is not him?What if is him?
this is a tough one indeed..
Report Abuse
Nsizwa
So he watched the man crawl,didn't strike him with a bottle/pan/potReport Abuse
somaartakeit
I guess one has to thank anc incompetent regime for setting serious offenders off the streets now citizens feel like prisoners in their own homes, I heard that one of most brutal rapists is a convicted criminal who was pardoned by president zuma recently? now SAn women and girls better start weighing your options, ie do you want to keep voting a gov which keeps letting violent and vicious criminals loose on the streets and result in you and your daughters being victims of most violent crime? or are you going to use your votes to usher in a new gov, whom you are going to hold to account iro your security, your childrens education, national health, public transport, basic deliverance of services, its your choice really how long you wanna be held to ransom by criminals running amok, with others looting our public resources,Report Abuse
Read all 12 comments