Man’s rape conviction, sentence set aside

A MAN who successfully appealed his rape conviction and sentence of 10 years’ imprisonment has been freed by the Grahamstown High Court.

In 2013, the man was accused of raping a woman in Motherwell, Port Elizabeth, after drinking with her at tavern.

During the trial, the court had heard that the complainant and her boyfriend had had sex at a friend’s house. After the boyfriend left the room, the accused was said to have entered. The pair struggled and he allegedly overpowered and raped her.

She told the court she screamed out loud for her boyfriend to help her but he did not come to her rescue.

The man left after the alleged rape and the complainant got dressed. She walked passed her boyfriend in the lounge and went home. Two days later she was contacted by the owner of the house to fetch her underwear.

On arrival, she saw the accused with another woman.

She did not report the alleged rape incident until the day she fetched her underwear.

The accused had pleaded not guilty, saying their sexual intercourse was consensual and that the rape charge was triggered by the fact that the complainant saw him with another woman.

Sitting in the Grahamstown High Court for the appeal, Judge Selby Mbenenge said there were contradictions and inconsistencies in the complainant’s story.

It did not add up that she told her friend she was injured during a squabble with her boyfriend and then told the court that she was injured during the rape.

“It is reasonably and possibly true that the report was triggered by jealousy on the part of the complainant,” Mbenenge said.

“I am not satisfied that the evidence ... established the man’s guilt beyond reasonable doubt.”