CAPE TOWN - A Klawer woman allegedly raped earlier this year was released on bail and will appear in court this week after the man suspected of raping her lodged a counter complaint.
The 32-year-old woman was allegedly raped in January and after reporting the incident to police, the alleged rapist along with two accomplices, attacked the woman and her boyfriend with pangas.
Police spokesperson Andre Traut confirmed the woman is set to appear in court on Tuesday to face a charge of assault.
“She was arrested following a police investigation and released on bail. This office can also confirm that an enquiry case was registered by Vredendal Family Violence, Child Protection and Sexual Offences unit to probe an alleged rape that occurred between January 30 and January 31. The enquiry was opened to determine if a rape was indeed perpetrated as the victim could not provide an accurate account of events. Forensic results are awaited and no suspect has been arrested or identified as yet,” said Traut.
In a statement by anti-GBV organisation, 1000 Women 1 Voice, the NPO said the system of failing sexual violence victims by allowing the “litigation abuse”.
“After she reported the (rape) crime to the police, and lodged a complaint, the alleged rapist and a friend subsequently attacked her and her boyfriend (and fled the scene)… According to the father of the rape survivor, the perpetrators followed the woman and her boyfriend on at least three other occasions, armed with a panga and a knife, and threatened them,” the statement read.
“Consequently, after the alleged rapist was recently arrested, he laid a counter-charge of assault against the woman and was released. It is unclear if he was released on warning or on bail.
“While in prison, the alleged rapist filed a charge of assault against the woman. According to his claim, he was assaulted when he and a friend confronted the woman and her boyfriend. The survivor of rape was arrested.” the organisation said, adding this was despite her saying she had not lifted a hand against her assailants and she was terrified.
Through the Women’s Legal Centre and Legal Aid, bail of R500 was paid to secure her release.
Alerted to the case by the woman’s father, Ubuntu Rural Women, Wendy Pekeur, said she was angered by the police’s approach to a vulnerable woman who wanted to be protected by the system but was further intimidated in an attempt to silence her.
“There are many cases where women do not get help from the police. This woman is now living in fear as the perpetrator continued to threaten her while both of them have been released on bail pending their next court appearance.
“The community has been in uproar as this came shortly after the case with young boy Jerobejin van Wyk’s murder. The negligence and arrogance of the police… They are supposed to be the custodians of justice yet we found them to protect perpetrators. We want the Commission on Gender Equality to call hearings on the experience of women when they report rape, GBV and other sexual crimes and we sensitized training for police,” said Pekeur.
Women’s Legal Centre director, Seehaam Samaai said they have defended various matters of women who have used their voice to bring awareness regarding GBV committed against them and the perpetrators use the law to gag or silence them through charges of crimen injuria , defamation or just an interdict.
“The Klawer matter is one of the extreme cases where the perpetrator knows the law and brings counter charges against the victim. This is another form of secondary victimisation,” she said.
NGO director of 1000 Women, Tina Thiart, said activists are up in arms as over the “last few months there have been many instances of litigation abuse”.
“Perpetrators are using the system to intimidate victims further in an attempt to silence them and to have them withdraw charges.
“We need to raise awareness and we need to challenge this pattern. Men use the legal system to get women to drop a court case or withdraw a report,” Thiart said.
“Police pay too much lip-service in assisting women who suffer gender-based violence, but the anecdotal evidence of women being turned away by police officers or simply ignored or slighted, are overwhelming”.
Cape Times