A Soshanguve teacher who was falsely accused of rape by the woman with whom he had an adulterous relationship is due to receive R230 000 in damages from his former lover.
Pretoria High Court Judge Legodi Phatudi ordered that Ntebane Patricia Molapo had to pay the damages to Herold Maphoto, a teacher at the Kgadime-Matsepe Secondary School. Maphoto spent 17 days in custody and went through a lengthy trial only to have his name cleared.
The judge found the woman intended to injure her lover when she instituted criminal proceedings against him. She knew rape was a schedule six offence and it was unlikely he would easily be released on bail.
Judge Phatudi said the woman decided to go ahead with the rape charge without applying her mind as to the possible consequences.
Maphoto said his name was tainted in the community; he was labelled a rapist – far worse than being branded an adulterer. He testified that Molapo, who is a Correctional Service officer, laid the false charge against him on February 9, 2004.
He was kept in police custody for 17 days before he was granted bail.
He said he “became attracted to the woman during a funeral in Soshanguve” a week before the “rape”. They exchanged contact numbers and she called him three days later. They exchanged “romantic words” which led to a meeting where they intended to “enjoy” themselves.
Judge Phatudi was told the woman asked Maphoto to arrange accommodation for that night. They booked into a guest house and after drinks at a local tavern, returned to the guest house where they had “consensual sex”.
While in the room, the woman’s phone rang and it was her husband.
Maphoto said he overheard her say she was with friends.
Maphoto testified that after the sex they left for their respective homes, as “there was no longer a need for a sleep-over”.
He was arrested two days later.
Molapo confirmed this version, apart from the “consensual sex”.
She was confronted about an SMS message she had sent to her lover stating: “This is my kiss to you to make your day a happy one.”
Molapo said it was a mistake – the message was intended for her husband, but she failed to answer other questions on this.
Judge Phatudi commented: “She looked at me in amazement with no answers to these questions.”
Molapo’s counsel insisted she was raped after they had returned from the tavern. He referred to a case stating that a person cannot be regarded as having consented to sex when intoxicated. The judge rejected this and found Molapo knew her rape accusation was false. - Pretoria News