Pretoria - A judge, in an unusual move, appointed an advocate to represent an alleged child rape victim to enable the child’s voice to be heard.
The child was seven when her father allegedly started raping her. She was 10 when she gave evidence against him in court, which led to his conviction. As her father faces a possible life term in prison and she is worried about him being jailed, she now wants to recant her version of the events.
The girl insists on returning to the witness stand to say her father was not her rapist.
She now claims she was influenced by various experts to say she was raped by him.
Judge Neil Tuchten of the Gauteng Provincial Division of the High Court sitting in Pretoria, was confronted with these facts when the father asked that his case be reopened so his daughter can “now tell the truth”.
The man, only identified as WAM in terms of a court order to protect his daughter, had already been convicted on several charges of sexual abuse and rape, but he is still due to be sentenced.
Judge Tuchten, in an attempt to assist the child, turned to Centre for Child Law head, Professor Ann Skelton, to advise the court and to represent the child in the legal proceedings.
The prosecution is of the view that it is not in the child’s best interest to reopen the proceedings and to subject her to testifying again.
The child, on the other hand, said she will not rest until she “puts matters straight”.
The child’s version of events hasdiffered since before the trial.
She testified during the trial that her father had repeatedly raped and sexually abused her.
The lower court accepted her version, as it was supported by medical evidence which proved that while her hymen was intact, there were signs of interference.
The lower court also concluded that the girl had extensive knowledge regarding the sexual act, which was impossible for such a small child to have if it was not gained by experience.
The issues surrounding the possible rape of the little girl, only identified as M, came to the fore when her mother discovered a drawing in her schoolbag of two people having sex.
The word “tollie” (male genitals) in child-like writing, appeared three times next to the drawing.
“I understand that this term is an euphemism for penis,” Judge Tuchten said.
The child’s mother immediately took her to see several experts – a psychologist, social workers and a doctor.
Following her father’s conviction and subsequent incarceration pending sentencing, the child now insists she did not tell the truth, claiming she was influenced by the experts to incriminate her father.
Skelton, in trying to establish what was best for the child, interviewed her. The child said “the real truth” was that she was not sexually abused by anyone.
The child said that although it would be difficult to take the stand again, she wanted the case to be reopened as soon as possible so that she could get it over and done with.
Her mother, who has divorced her husband, said the family at first believed he was guilty, but they now believe he is innocent.
Asked why, the mother said her daughter recently “looked her in the eye and told her that her father did not rape her”.
The family now believe he was wrongly convicted.
The mother said the child has asked many questions like what her father ate in jail and when he was coming out.
“She is worried about him being in jail,” she said.
Skelton said in her report that the family felt the child lied in her evidence and the girl feels guilty, believing she is the cause of her father being in prison.
While there are no guarantees as to whether the child’s latest version vindicating her father is the truth, Judge Tuchten said her wishes should be given weight.
“One must weigh up the stress of further testimony against a situation in which the complainant is denied the right to give further evidence and then has to live with a possible feeling that she wrongly condemned her father to prison for life,’ the judge said.
Pretoria News