Cape Town - The case of an alleged rape of a University of Cape Town (UCT) student was postponed on Thursday pending verification of a fixed address for the suspect, the Wynberg Magistrate’s Court ruled.
The accused, a 24-year-old Lesotho national, made his first appearance in court on Thursday. He has been accused of allegedly forcing his fingers into the 20-year-old victim, Zola Shokane’s vagina.
The presiding magistrate postponed the case until Friday when verification of a fixed address for the suspect was expected.
The suspect, who was represented by his sister in court, was arrested on Tuesday and had allegedly attempted to escape police by jumping out of a window.
Shokane, a first-year gender studies student and member of the Rhodes Must Fall (RMF) movement, identified herself this week on social media and to news publications.
She posted on Facebook that she had been raped in the early hours of Monday morning at UCT. The original post was later removed, replaced by a post saying she had been “sexually harassed”.
News of the alleged attack quickly spread on social media, under the hashtag #RapeAtAzania.
The male suspect was named and pictured by Shokane supporters, this despite law protecting the suspect’s identity until he pleads guilty or not guilty.
Shokane had more recently accused UCT of perpetuating patriarchy by using the term “sexual assault” as opposed to “rape”, this related to an e-letter sent by university Vice-Chancellor Max Price addressing the allegation.
“They insist on looking at rape as penis versus vagina, but rape is not that,” said Shokane during an interview with the Cape Times.
“Rape is loss of consent.”
Under South African law, an act of rape is defined as “any person who unlawfully and intentionally commits an act of sexual penetration with a complainant, without the consent”. Thus, penetrating the vagina with fingers is defined as rape.
However, a charge of rape can only be determined by the material evidence collected by the investigating officer. Evidence of penetration will be identified by the J88, a legal document completed by a doctor or nurse which documents the injuries sustained by the victim.
On Monday, the police’s Captain FC Van Wyk said that an indecent assault case had been opened against the suspect. Based on evidence collected, however, the charge could change to rape or remain indecent assault.
ANA
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