Court told how 74-year-old woman violated

Nkosana Lekotjolo

Nkosana Lekotjolo

A 23-year-old man charged with raping a 74-year-old woman told the Grahamstown high court that he had committed the offence because he was aroused.

Thembelani Malafa appeared with Mfundo Jam-Jam, 20, on Monday on charges of rape, robbery and housebreaking with intent to commit theft.

It is alleged that the pair committed the crimes at Indwe village in Eastern Cape on November 22 2004.

Jam-Jam, who is the first accused, through his legal representative pleaded not guilty to the rape charge against the old woman, saying she had asked him to have sexual intercourse with her.

This resulted in the state applying for a separation of the cases, and the trial proceeded with only Malafa in the dock.

The two accused had allegedly forced open the security door at the kitchen and entered the woman's house while she was asleep.

In an affidavit, Malafa told the court that he and Jam-Jam had broken into the house, helped themselves to food and after raping the woman took some groceries.

But he denied that his intention was to rape because they had thought there was no one in the house.

Malafa said they had earlier had a few drinks at a shebeen owned by the complainant's son before breaking into the house.

"We didn't know that there was someone in the house. While we were helping ourselves to food, Mfundo went to one of the bedrooms.

"I went to look for him and I was shocked to see him having sexual intercourse with the old lady.

"But because I got too aroused, I raped her as well even though I knew she didn't want to," Malafa said in his affidavit.

Malafa told the court that they returned to the woman's house the same night and stole a DStv decoder, a tape recorder, an unspecified amount of cash, a carton of cigarettes and other items.

Dr Susana Christiane, who examined the woman, testified that she had been distressed and that there was evidence that she had been penetrated.

"I can tell the court that the complainant had a rough and aggressive sexual experience," Christiane said.

The court was also told that Malafa had other previous convictions that included housebreaking in 1998, was convicted of malicious damage to property in 2003 and assault in the same year.

The trial continues.