Mother seeks anwers about case

The Cleveland SAPS emphasised the importance of medical and psychological evidence when investigating rape charges following allegations by an 18-year-old girl that she had been raped by a man transporting school children.

The child’s mother told the EXPRESS the rapes allegedly occurred in June, 2013. The man transports school children to and from a special needs school.

The SAPS has since commented that the results of tests conducted on samples obtained during a medical examination were negative for rape.

Allegations

“I heard from my friends that he was out. Nobody informed us, even though I was in contact with the investigating officer. We have never been heard in a court of law,” said the girl’s mother.

The mother related how she found out about the alleged rape. “My daughter, who is a special needs child, came home from school and there was a terrible stench in the house after my daughter went to the bathroom. I asked her what had happened but she didn’t want to talk. I asked her to bath as the stench was unbearable. I called my cousin and asked her to talk to my daughter,” she said.

The daughter told her mom’s cousin that she had been raped.

“I felt bad because I had already asked my daughter to bath because of the terrible smell. If only I had known what had happened,” said the mother.

The cousin suggested that the child return to school the next day while they tried to determine their next step.

“The next day, the man raped my daughter again. This time my daughter told us immediately,” she said.

The mother reported the matter to the Cleveland SAPS, who arrested the man at the school the next day.

“The investigating officer told me he would keep me posted regarding the case. Without going to court, we heard the man was free and the case had been thrown out. My daughter was examined by a doctor and samples were taken for testing. What happened to them?” asked the mother.

The child started missing school due to the treatment she had to receive. “After several trips to the Teddy Bear Clinic, a month later the investigating officer called me and said the case was over because my child cannot speak. The clinic later told me the test results were negative (for rape),” she said

“I was shocked when I went to the court to complain about the case. The magistrate said I do not know my child. I was devastated,” said the mother.

Constable Mpho Mashakane, of the Cleveland SAPS, confirmed that the docket is closed. “The charges were withdrawn at the Regional Court on November 25. The samples came back negative for rape,” said Const Mashakane.

Constable Tswaledi Mmaboko, who was in charge of the case, said there were several factors which made things difficult to obtain a conviction. “There are three vital aspects in any rape case. The psychologist’s report, the doctor’s report and the DNA test. The victim’s statement is equally important. Senior Prosecutor Goerge Lemao said I must take the victim to a psychologist. The psychologist’s report said the child could not testify,” said Const Mmaboko.

He said in this case, there was no victim’s statement and the DNA test came back negative.

“I even took the mother to the prosecutor, who explained that the court functions on evidence. Hence, he struck it off the roll,” said Const Mmaboko.