Man accused of raping mentally ill girl

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File photo

Published Aug 7, 2012

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Cape Town - A Dunoon man accused of raping a 12-year-old, mentally ill girl was denied bail on Monday.

The man was allegedly beaten by residents who claim they found the girl in his home before he was handed over to police.

On Monday, Banguxolo Dyavani appeared at Cape Town Magistrate’s Court. A police report before court stated that on July 1 the accused had taken the 12-year-old girl to his shack. Around 7pm the girl’s mother found that she was missing and sent her 16-year-old son, the girls’ brother, to find her but he could not.

A witness reported seeing the young girl with Dyavani’s girlfriend’s sister earlier that day. People searching for the girl were led to the accused’s house.

Inside the shack, the girl was found with bloodstains on her underwear.

Doctors had since confirmed that the girl had been penetrated and they were waiting for results of DNA analysis. The child had been referred to the Cape Mental Health Society.

Magistrate Zwelidumile Sogwagwa said that the State’s case was strong.

“The community had to kick the door open to save the child from you. You know that this child is 12 year’s old and you know that she is mentally disabled.

He said that the charges were “shocking” and if found guilty, legislation imposed strong sentences to protect victims like the 12-year-old mentally disturbed girl: “Therefore bail is denied and the case is adjourned until October 23,” he said. - Cape Argus

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