Political parties have expressed outrage at the charging of three high school pupils with statutory rape, after a Jules High School girl claimed she was gangraped and later, according to reports, agreed the sex was consensual.
“The tardy investigation of the case by the police and the recent decision to also charge the alleged victim is yet another indictment to the women of this country,” said provincial secretary of the Young Communist League of SA, Alex Mashilo.
“It is a demonstration that far from being free and equal citizens in South Africa - with the equal protection and benefit of the law - women in this country still slave away under a patriarchal criminal justice machinery.”
The girl, aged 15, and the two boys, 14 and 16, were charged with statutory rape by the national director of public prosecutions Advocate Menzi Simelane on Wednesday.
Spokesperson for COPE's Gauteng portfolio committee for gender, youth and people with disabilities, Sikelelwa Clara Sodlulashe-Motau, said the charge comes as a “shocking revelation”.
“Has the prosecution even considered and taken into account that the girl (claimed) the act (had) been rape? “The fact that she was under the influence of illegal substances, should in itself, prove that she was not in a state to give consent to sex. “Therefore, we cannot understand why they are charging her”.
The girl admitted in the Johannesburg Magistrate's Court, during her second appearance on Thursday, that the sex was consensual.
Magdalene Moonsamy, spokesperson for the ANC Youth League, appealed to Simelane to drop the charges.
“(We) humbly request the Public Prosecutor, Advocate Menzi Simelane, to drop criminal charges against the three Jules High School learners for what was initially reported as rape, if the incident is really not rape,” she said.
“In full respect of the rule of law and all criminal procedures that exist, the ANC Youth League does not believe that criminally prosecuting children will correct their behaviour.
“The unfortunate incident at Jules High School is an indication of deeper issues that must be resolved in society and specifically through interventions of amongst others, the education system, communities, parents, religious formations and real non-governmental organisations”.
The two boys were arrested on November 8 after allegedly raping the girl at her school in Jeppestown on November 4. They allegedly filmed the incident on their cell phones which was later shown to prosecutors as evidence. Her case and the boys' case have been postponed until December 1
for a final order. All three have been placed on a diversion programme.
Sibani Mngadi, spokesperson for the ministry for women, children and persons with disabilities, said the ministry emphasised “respect for the criminal justice process”.
“The Ministry is primarily concerned with the fact that the girl should continue to receive the necessary psycho-social and other support needed for her to go through this traumatic experience.
“The Ministry is also concerned that there may still be persons in possession of the video recording this incident... Both production and possession of child pornography is illegal in South Africa.”. - Sapa