COMMENTING on a case in which two family members were kidnapped and raped, Western Cape High Court Judge Robert Henney said the chances of such a case ever going to trial were unlikely.
Henney was referring to a woman, who can’t be named, who was in an abusive relationship for about four years with Jerome Amerika, which eventually ended in her kidnapping and rape.
Amerika was found guilty of the crimes against his ex-girlfriend.
During sentencing proceedings yesterday, it emerged that the State, and not the woman, pursued the case against Amerika.
It also emerged that despite two previous interdicts against him, the woman kept taking Amerika back after he promised to change and stop physically abusing her.
The woman testified that Amerika would on several occasions kick, punch, and slap her.
She admitted that their abusive relationship was not normal, and she left him three times, but whenever he would apologise, they would get back together she said.
They have a four-year-old child together.
Judge Henney said that the case reached the high court was unique, as many cases of domestic abuse are not reported for various reasons.
“There is a 99.9 percent chance that we won’t get another case like this, because most don’t get pursued,” Judge Henney said.
Prosecutor Maria Marshall said the State pursued the case because it had the responsibility of protecting society, of which the victim was a member.
“He had no right to do what he did, and if we did not push this case, it might just have ended up in her murder,” Marshall said.
Amerika was also found guilty of kidnapping, raping, and murdering his ex-girlfriend’s 10-year-old relative, Shamonique Claasen.
Sentencing for both cases were expected next week.