Durban - A Chatsworth mother is looking to retake custody of her teenage daughter whom she and her lover were initially accused of sexually abusing.
The couple was acquitted in the Durban Magistrate’s Court recently on charges of sexual assault and rape, due to discrepancies between the child’s statement made to the police and her oral evidence given in court.
Therefore the State could not prove its case.
The outcome has come as a shock to the family who has been looking after the child, as the mother last week indicated that she wanted her daughter back.
POST had reported in 2015 that it was alleged the woman had forced her then 11-year-old daughter to have sex with her lover, a 54-year-old taxi driver, in exchange for money.
It was also reported that the child had allegedly been raped on three occasions, one being her birthday in September of that year.
After running away from the home after the last incident, the girl confided in her elder brother and sister-in-law what had happened. They reported the incident to the police and both accused were arrested.
According to the sister-in-law the child had said she was told she would be taken out by the mother’s boyfriend for her birthday, but was driven to an isolated area and raped.
It was also alleged that on another occasion the child was taken to a park by her mother and forced to perform oral sex on the boyfriend, and was beaten when she refused.
Afterwards she was allegedly forced to watch the couple have sex.
The couple, who cannot be named to protect the identity of the minor child, were released on R10000 bail each after they were arrested.
The prosecutor in the matter confirmed this week that both accused had been acquitted.
The family who had been given temporary custody of the girl said they had been hoping for justice to prevail, but instead were dealt an unexpected blow when they received a call from the mother saying she wanted her child back.
The girl was now terrified, said the 68-year-old man who called himself her “grandfather”.
“We have been sitting in the dark all these years not knowing what is happening, only to find out they had been acquitted.
“This is not fair, we cannot allow another child to become a statistic. We want this case to be reinvestigated,” he said.
“The child has already been through so much and is beginning to progress, especially in school, now only to find out the woman who was supposed to love and protect her, but instead (allegedly) abused and violated her, wants her back. She is terrified.”
The director of the Victims Outreach Information Centre (Voice), Alvin Brijlal, said the matter needed to be re-investigated, and escalated to senior authorities.
“We also need to look into why did the matter drag on for three years, only for the accused to be acquitted, and how did the investigating officer handle the case?
“If we find there was a lack of professionalism and care taken when handling the matter, then we will take it up to the NPA’s (National Prosecuting Authority’s) chief prosecutor and SAPS head of the sexual offence division.”
Added Brijlal: “It is important to remember when dealing with such sensitive cases involving children, that the child did not ask to be abused, and when questioned about what happened they would feel scared and intimidated.
“Because they may not be able to remember every single detail of their traumatising experience does not mean they are being untruthful.
"This child has already faced so much, having to go through the whole court process, and then to find that the accused were acquitted.
"She will have to live with the thoughts that she is a liar and the stigma of society, all because she was failed by the justice system,” Brijlal said.