AS the shocking case in the Pinetown Magistrate’s Court continues, the Highway Mail has sought the advice of a local expert in the care and counselling of victims of sexual of violence outlined in the “Mkhulu” rape case.
The elderly man faces more than a dozen of rape and compelled rape charges involving children from the St Wendolin’s community.
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Reports of the ongoing trial, which was repeatedly postponed, have revealed shocking details recounted by a neighbour of the accused.
Margaret Nxumalo, who lives close to the accused, Sipho Mfene described how he confessed to committing the acts, adding the detail that despite him not being sick, he did use condoms.
On Wednesday, 25 September, Mfene’s accusers, too young to appear in court themselves, gave testimony from another room by video link to a cleared courtroom.
Arrested on return
The neighbour who recounted Mfene’s confessions said she had been made aware of the incidents when two local women visited her home in May 2017 with two of the children, asking if she had heard of the stories. After the rapes, Mfene allegedly vanished from the area, only to return in May 2017.
Following the revelations, the neighbour said she felt too overwhelmed by the weight of the stories to confront Mfene alone so she took others from the community to accompany her to confront him, but did not find him at home.
Nxumalo and other community members then involved family of the accused, and eventually got his phone number with which she called him pretending she had work for him.
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Nxumalo said she had also called the police, but since they had not arrived by the time Mfene arrived, she and the community members took him to the police station where he was arrested.
Nxumalo said it was while transporting the accused to the police station that he had made his confessions to her.
Defense
Mfene pleaded not guilty to 11 counts of rape and six of compelled rape at the start of the trial last month.
Mfene’s alleged victims were all boys – two are brothers and two of the nine boys are his relatives.
According to reports of the trial, which continued this week, Mfene has acknowledged being familiar with the victims but continues to deny all the allegations of rape.
He claims that the rape stories were cooked up by his estranged son who came to live with him after having lived with his mother on the South Coast.
Mfene claimed his son, Sanele came to live with him after fleeing the South Coast where he said his home had been destroyed, after he had allegedly killed two boys.
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In his defense, Mfene said Sanele was hoping him being sent to prison would pave the way for Sanele to move his mother into the Mfene’s house. Mfene claimed he had instructed Sanele to get his life on track by looking for work but his son said he saw no reason to since he was provided for by Mfene’s pension.
Mfene recounted for the court that his son had left the house later the same afternoon after their conversation saying as he left that his father would not be sleeping at home but at the police station.
The court heard that Sanele had since disappeared and still could not be found leading to the magistrate to question Mfene’s version of the story.
After this the magistrate challenged him on this narrative querying the logic of Sanele leaving the area if he wanted the house and was living off his father’s pension.
During cross-examination, prosecutor Simphiwe Dube asked Mfene why, if Sanele had framed him, he is not among the state witnesses who testified against him pointing out that Mfene’s son was the only person who did not turn up to testify against the accused.
On Tuesday, the defense closed its case and Mfene’s matter was adjourned for final arguments and judgement on 1 November.
Meanwhile, Mfene remains in police custody.
Toll of testifying
Asked how difficult it is for children to have to give evidence in court, even with protective measures in place, Thora Mansfield of the Open Door Crisis and Care Centre said it would depend on many variables.
“It would depend on how long the abuse took place, the relationship with the accused, the home environment as well as the parent’s response,” she explained, when asked specifically about this case.
“It is a diabolical act and needs the highest sentence. Frequently the child does not find it easy to give evidence as they may love the offender and especially as they have been groomed to believe that it is okay.”
Mansfield, a leading authority on the effects of these types of crimes, and who has previously spoken about the grooming of victims by sexual offenders, explained that all too often a child’s parent remained unaware of the abuse taking place.
“Often the child is not aware that it constitutes child abuse, especially when the child has a strong relationship with the offender,” she said.
“The younger they are the more easily it is to build this relationship,” warned Mansfield, before offering some indicators of abuse parents can keep a lookout for.
“There are several key indicators, bed-wetting, clinging to parent or caregiver, not wanting to leave the home, change in behaviour and also the trauma. This trauma, if the victim is not handled with care, from the time the incident is exposed, to giving the statement and then the court procedure, can result in the child experiencing a negative reaction, resulting in further psychological, mental and emotional stresses,” she warned.
Mansfield added that other symptoms of this type of trauma can manifest as nightmares, other sleep disturbances as well as behavioural changes at school.
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Mansfield said the incidence of child abuse occurring at the hands of people known to the child is very high.
“It is an accepted fact that the majority of rape, incest or child abuse happens within the child’s environment in the home, in school or in the community,” she said, adding that traditional methods of trying to prevent children from harm are not enough for this reason.
“We talk about stranger danger, but often the danger is by those closest to us.”
Mansfield said while the signs of possible abuse should never be ignored, sometimes they can also be due to health issues so she suggested the first checks should be with a health worker to rule out any physical ailments which might be causing things like bed-wetting or complaints of soreness.
Mansfield also urged parents to not shy away from learning about these types of incidents.
“Read and gain knowledge about these social issues – learn not to overreact to ensure your child will not be afraid to share with you,” she advised.
“Most importantly take time to build a relationship with your child – teaching them to come to you in these difficult times and that it is not their fault.”
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