Shielding rape victim not a crime: judge

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Published Nov 19, 2014

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Pretoria - A Vanderbijlpark community worker, convicted of obstructing the police when she refused to hand a 13-year-old rape victim over to them, had her conviction set aside on Wednesday.

Two judges of the High Court in Pretoria set aside the conviction and R12 000 fine imposed on Annari du Plessis by a Vanderbijlpark magistrate last year.

Du Plessis is a former policewoman who founded the community project Crossroads, aimed at helping drug addicts and prostitutes.

Du Plessis was arrested by a group of police officers after trying to get help for a 13-year-old girl she and others had rescued from a suspected drug den in August last year.

The victim was taken to Crossroads where it was established that she had been lured away from Parys in the Free State, confined, drugged, pimped and raped repeatedly over an extended period of time.

When Du Plessis phoned the constable who was present when the girl was found she was told her mandate did not extend to child rape victims and she must bring the victim to the charge office.

Du Plessis made it clear that the victim was severely traumatised, in no state to be taken to the charge office and that there were allegations of police members being involved in the girl's plight.

The victim also told her rescuers that there was another child kept in confinement at the same house.

Du Plessis repeatedly phoned various police officers asking them to come to Crossroads to assist the victim.

She also went to the police station asking them to open a docket, but was threatened with arrest and told she “would not get help from people of her own colour like in the days of apartheid”, even though the victim was a black girl.

She later arranged for the victim to be held at a place of safety with full knowledge of the police.

A police sergeant eventually went to Crossroads to take a statement from the victim and released the child in the care of her mother and family members.

Despite this, Du Plessis was arrested later that same evening for allegedly obstructing the administration of justice.

Two constables brought the victim to the police cells where Du Plessis was detained over the weekend.

Judge Ephraim Makgoba said the conduct was highly irregular and was perhaps aimed at breaking Du Plessis spiritually and morally.

The same constables visited the victim and her family that Sunday and wanted to take the girl to their church to “drive the demons out of her”. The victim's family refused.

Makgoba said throughout the three days leading to Du Plessis' arrest all of the police members involved knew where the victim was and had unrestricted access to Crossroads.

Various police members knew Du Plessis was waiting for them to come and attend to the victim at Crossroads and knew very well that the girl was to overnight at a place of safety, where unknown persons allowed her to take a bath.

Makgoba said the crime of defeating the ends of justice could not be committed by simply failing to give heed to what the police requested.

The charge sheet also did not allege there was a duty on Du Plessis to act positively. Her only duty was to remain with the victim whilst awaiting the arrival of the police.

Makgoba found the magistrate had also wrongly held that Du Plessis had allowed the victim to have a bath and destroyed medical evidence.

“It is clear that the appellant's intention was at all times to protect and serve the best interests of the minor child who was a victim of crime.

“(She) did not perform any act or omission constituting and resulting in the defeat of the administration of justice,” he said.

Sapa

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