Soweto fashionista sues cops over rape in cell

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Pretoria - A Soweto fashion designer has instituted a damages claim against the SAPS after she was raped in a cell late at night by an officer who had ensured she was placed there by herself. The now former officer has, meanwhile, been convicted of rape by the court. It is unclear from papers before the Gauteng High Court, Pretoria, what his sentence was. His victim is struggling to have her damages claim heard by the court. Despite all the evidence, which included his DNA found inside a condom in the cell and his conviction, the police are relying on a technical point to bar the 31-year-old from proceeding with her claim. According to the law, a person claiming from a state institution first has to issue a notice of intention to institute such a claim. In this case, the victim did not do so; she said as a lay person regarding the law, she did not know she was entitled to claim damages. She is now asking the court for an order which will give her the go ahead to proceed with her claim, despite the fact that she did not first issue a notice of intention to sue the State.

The woman said in an affidavit she was arrested in June 2015 by the police on charges of fraud and placed in a Johannesburg police cell.

After the officers changed shifts that night, she was placed in a single cell by the cell commander at the time. He told her she looked “fresh” and flirted with her and told her he would like to take her out on a date.

He gave her blankets and a sponge to sleep on. She asked him to move her into a cell with the other women, but he refused and told her he would keep her company. He then left.

She said she could not sleep as he frequently came to her cell to check up on her. She told him she wanted to sleep, but her plea fell on deaf ears.

Later that night he came back, and made sexual advances towards her and touched her in an inappropriate manner. He also gave her a massage and told her to relax. The officer professed his love for her.

The woman said he then took out a condom and raped her. Afterwards, he discarded the condom in the toilet and told her to wash herself.

The following morning, after he went off duty, she reported the rape to another officer, who at first suggested that she should resolve the issue amicably with her rapist. She, however, insisted on laying a charge.

The used condom was retrieved and she was taken to a doctor for examination.

The officer was subsequently convicted of rape in the Randburg Magistrate’s Court.

The woman said she had the digital recording of the judgment, her medical reports and all other records to prove her case.

She was only told after the criminal proceedings that she had a right to sue the police.

The woman said in spite of all the evidence against the former official, the police are adamant to try and bar her from proceedings with her case on the technical point of non-compliance with the law.

The rapist said during his trial that the victim made advances towards him and as she was afraid of being left alone in her cell, he did visit her every 30 minutes.

She also told him she was tired and needed a massage. He said he gave in to her advances when she said she lusted after him. The lower court, however, rejected his evidence.

Pretoria News