#RapeAtAzania accused appears in court
The charge against a 24-year-old Lesotho man has been changed from indecent assault to rape, the National Prosecuting Authority (NPA) said on Thursday.
The accused, a 24-year-old Lesotho national, made his first appearance in the Wynberg Magistrate’s Court on Thursday. He has been accused of allegedly forcing his fingers into 20-year-old University of Cape Town (UCT) student Zola Shokane’s vagina on Monday morning.
The presiding magistrate postponed the case until Friday for bail application.
The suspect, who was represented by his sister in court, was arrested on Tuesday and initially charged with the indecent assault of Shokane.
However, as the J88 – a legal document filled out by a doctor or nurse recording the injuries sustained by the victim – supports Shokane’s allegation of rape. “The J88 supports the allegations,” said the NPA’s Eric Ntabazalila, “He is charged with rape.”
This falls in line with South African law where rape is defined as “any person who unlawfully and intentionally commits an act of sexual penetration with a complainant, without the consent”.
A charge of rape is determined by the material evidence collected by the investigating officer in addition to the evidence of penetration identified by the J88.
Shokane, a first-year gender studies student and member of the Rhodes Must Fall (RMF) movement, identified herself this week on social media and to news publications.
She posted on Facebook that she had been raped in the early hours of Monday morning at UCT. The news of the alleged attack quickly spread on social media, under the hashtag #RapeAtAzania.
The male suspect was named and pictured by Shokane supporters, despite the law protecting the suspect’s identity until he pleads guilty or not guilty.
Although supporters online said they were not concerned with the legality surrounding identifying the suspect, it would only be determined through the possible trial as to whether evidence had been contaminated and the case jeopardised.
Furthermore, the suspect could, if he felt his person had been injured, lay a counter criminal or civil charge against Shokane.
This however was unlikely to happen while any criminal trial into the alleged rape was underway. - ANA
(File photo: Gallo Images)