Cape Town - No sexual activity took place with teenager Charmaine Mare before her death last year, the Western Cape High Court heard on Thursday.
Sakkie Maartens said any such allegations against his client Johannes Christiaan de Jager were baseless.
“There is not a smidgeon of evidence that sexual intercourse or rape took place,” he said in closing argument.
De Jager, 49, has pleaded not guilty to killing the 16-year-old Mpumalanga resident in January last year, and not guilty to raping and killing 18-year-old prostitute Hiltina Alexander in 2008.
He does not face a charge of raping Mare.
Maartens said it was the first time he had ever seen an indictment stating life imprisonment was applicable in respect of the murder without rape being stipulated as a substantive count or charge.
“In order to activate the provisions pertaining to life imprisonment as a potential penalty, the State has to prove the circumstance of rape beyond reasonable doubt.”
He said Mare kept in close contact with her friend Nikita Small during the four days she and De Jager were alone at home.
Mare never made any mention in her cellphone messages of sexual intercourse having taking place, he said.
The trial continues.