Pupils escape prosecution over school rape

19 November 2010 - 08:18
By Sibongile Mashaba

THE state and the defence in the Jules High School gang rape saga have agreed to take the pupils for a diversion programme.

The decision was taken during a closed-door hearing in the Johannesburg magistrate's court yesterday.

National Prosecuting Authority spokesperson Advocate Mthunzi Mhaga said: "The magistrate considered a report from a social worker who interviewed the girl. The state and defence agreed that the matter was divertable. This means that the pupils will not be subjected to a full trial.

"They will be entered into a diversion programme. The court is waiting for a report from a psychologist on the programs suitable for the pupils.

"An order will be made when they appear in the court on December 1."

Earlier this week, the National Director of Public Prosecutions Advocate Menzi Simelane, authorised prosecution against the boys, aged 14 and 16 years old, and the girl who engaged in sexual intercourse at the school. They were charged with statutory rape.

The two boys were arrested for rape on November 8 but the charges were dropped because there was insufficient evidence to prosecute.

It is alleged that the boys gave the girl and her friend a spiked drink. They allegedly boys filmed the rape incident on their cellphones and the video clip was circulated at the school.