Case against couple alleged to have sexually violated girl, 13, on hold

A 26-year-old man and 39-year-old woman appeared yesterday in the Pinetown Magistrate’s Court where their case was adjourned to next week as the case docket had not been sent from the Malvern police station to court. They are alleged to have sexually violated a 13-year-old. File photo: Mujahid Safodien

A 26-year-old man and 39-year-old woman appeared yesterday in the Pinetown Magistrate’s Court where their case was adjourned to next week as the case docket had not been sent from the Malvern police station to court. They are alleged to have sexually violated a 13-year-old. File photo: Mujahid Safodien

Published Jan 31, 2023

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Durban — The Department of Social Development in KwaZulu-Natal has said it was unfortunate that a Malvern couple alleged to have sexually violated a 13-year-old were out on warning.

The man, 26, and woman, 39, appeared on Monday in the Pinetown Magistrate’s Court where their case was adjourned to next week as the case docket had not been sent from the Malvern police station to court.

The couple were released on a warning last year. They are alleged to have let the girl drink alcohol, smoke dagga, watch porn, exposed certain body parts to her, touched her private parts, and had sex in front of her, allegedly inviting her to join them.

The State said the child had come over to their home for a sleepover while her mother was away. The couple are friends with the child’s mother.

The pair face charges of compelling or causing children to witness sexual offences, sexual acts or masturbation and exposure or display of, or causing exposure or display of, genitals or female breasts.

“These people were trusted by the parents of the child but they violated her,” said Social Development spokesperson Mhlaba Memela.

“Giving a child drugs and exposing her to sex is a violation of her rights. This couple were supposed to be kept in prison for all their acts. They are a danger to society and to themselves.

“How can they invite a child to have sex with them and even touch her in an inappropriate manner. As much as they were released on warning, we believe the law must take its course and the couple must be jailed.”

Memela said a strong message should be sent to society that people who violated the rights of children would be punished severely.

“We expect our courts not to be lenient to people who violate the rights of children. We appeal to the mother of the child to contact social workers to assist the child.

“It will take a long time for the child to forget what she was exposed to, hence it’s important for the parents to get help for her soon.”

Children’s Rights advocate Joan van Niekerk, who was with Childline for many years, was concerned with the snail’s pace in investigating the case.

“For six months there has been no rapid movement. When offenders are out on bail, we do in some cases see interference, despite bail conditions.

“With this case, these conditions were strict. However, it is not ideal for someone to come out of prison on bail and back into the community, where they can either continue with their behaviour or influence the case.”

She said sometimes alleged offenders would not contact the child directly.

“This contact would be with the child’s family. We would really like to see rapid closure of such cases.”

Van Niekerk encouraged older children to open up and report such abuse, and to try to extricate themselves from situations of abuse.

“Childline’s toll-free line – 116, and free on any phone – is particularly important.”

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