Durban — The Pinetown Magistrate’s Court on Wednesday heard how a 17-year-old was allegedly raped by her 31-year-old neighbour.
This came to light during the man’s bail application, where he was granted bail of R2 500.
In an affidavit read out in court, investigating officer, Constable S Blose, said the teenager was among passengers in a vehicle the man had been driving.
The victim alleged that the man had that evening dropped off other passengers. When it was just her and the man in the car, when they were close to his home, he said the car had run out of petrol, she said.
Blose said the victim told her that the man got out to push the car and allowed it to roll the rest of the way. Once it was in his yard, he got inside the car.
“He then jumped on top of her and raped her. He was identified by the complainant because they are neighbours.”
State prosecutor A Clive told the court that the victim was examined by a doctor and the J88 “did not exclude penetration”.
In an affidavit, the man told the court that he was a father of two children, aged 1 and 2 years, and that his girlfriend was pregnant with his third child. He said he had no previous convictions or pending cases against him and intended on pleading not guilty.
The man said he was unemployed and could afford bail of R1 000, which his mother would pay for him.
“I was arrested close to home and have been in custody for 21 days. I will not attempt to evade trial, I will not contact or interfere with the complainant if I am granted bail … I will abide by conditions set by the court if released on bail.”
The court found the interests of justice permitted the man’s release on R2 500 bail.
The man, from Mariannhill, is alleged to have raped the 17-year-old on December 6. If found guilty he faces a minimum sentence of 10 years behind bars.
The State alleges that the accused unlawfully and intentionally committed an act of sexual penetration with the victim.
When the man first appeared in court following his arrest on December 8, the State had indicated that it would oppose bail and asked that the man’s legal counsel provide an alternative address for him when he did apply for bail.
Previously when the man was in court, the State had said that the accused was still to be taken for a pointing out of the alternative address that he had provided for purposes of bail before his application could be heard. The matter was then adjourned to this week for the bail application.
The court granted the man bail on condition that he relocated on Wednesday to the alternative address he provided which was verified by the State.
The man was warned by the court to not go near the Thornwood area until the finalisation of the pending matter. He is also not to contact the complainant or the witnesses in the matter directly or indirectly.
His bail conditions also include reporting once a week to the local police station in the area he will relocate to.
The case was adjourned to February for further investigations as well as the allocation of a regional court prosecutor.
Daily News