Getting away with rape

Nosiviwe Mapisa-Nqakula
Nosiviwe Mapisa-Nqakula

Defence Minister Nosiviwe Mapisa-Nqakula has revealed that sexual violence is rife in her department, admitting in parliament that there had been 69 complaints of rape and sexual harassment in the past three years alone.

However, not a single defence department employee accused of rape has been convicted .

Mapisa-Nqakula was responding to a question from an opposition memeber who wanted to know how many cases of sexual assault, rape and child pornography relating to the department had been reported between 2009 and 2013.

Mapisa-Nqakula said that 15 rapes and 54 sexual assaults were reported to her department during that time , adding that “appropriate policies” and system s were in place to prevent sex crimes.

Source: timeslive.co.za

Jail for beer bottle rapist

cellphone3Jail was the only suitable punishment for a 20-year-old Indian man convicted of raping a young woman with a beer bottle, filming it on his cellphone and distributing it, a social worker has recommended.

“Although he is young and a first offender, his personal circumstances are outweighed by the serious nature of the crime… a term of imprisonment will give him an opportunity to reflect on the wrongfulness of his actions,” Nokukhanya Mdletshe said of Darren Mogany.

The pre-sentence report was handed in to Durban Regional Court magistrate Sharon Marks on Wednesday. Marks now has to determine Mogany’s fate.

Mogany, of Merebank, was arrested in February last year along with his brother-in-law, Adish Deonarain, charged with two counts of physical rape, one of rape with the beer bottle, possession, creation and distribution of child pornography and using children for or benefiting from child pornography.

On June 30, 2010, the complainant, then 17, bunked school and spent the day with Mogany, also 17, at his house, during which her drink was allegedly spiked.

Deonarain was acquitted of all charges.

The magistrate convicted Mogany on the charges relating to the video clip, saying it also corroborated the evidence about the beer bottle rape, but acquitted him on the other rape charges and the charge of benefiting from child pornography. Mogany had insisted he was innocent and has continued to do so.

Mdletshe said: “He acknowledges having consented (sic) sexual intercourse and video-taping the incident.”

He also said the girl had consented to the video being taken.

“He states they were both under the influence of alcohol and dagga.”

Marks said she had interviewed the victim – who was present in court on Wednesday – who said she believed her drinks were spiked.

“She had suffered tremendous emotional impact as her dignity was violated. She has been ashamed and withdrawn from enjoying a social life in her community as the video of the incident was circulating in the community.

Mogany left the Durban Magistrate’s Court after complaining he was sick, leading to a postponement of sentencing. To avoid having his photograph taken, Mogany left through a restricted area with the help of a black construction worker. – The Mercury

 

S. African school principal fired over child porn

childporn-genericA principal of a high profile private school in Mpumalanga has been fired after being arrested in connection with an international child pornography syndicate.

The man who cannot be named until he pleads appeared in the White River Magistrate’s Court on Wednesday and was released on R1000 bail, a Sapa correspondent reported.

“Today, we have come up with an agreement to terminate his position in the school,” the school board announced in a statement on Wednesday.

The board said it regarded the allegation in the most serious light while respecting his constitutionally protected right to be presumed innocent until proven guilty.

The accused, who is an award-winning author, has been headmaster at the preparatory school for the past three years.

The board described him as a man “characterised by exceptional professionalism,” who also enjoyed the respect of his teaching colleagues, parents and pupils alike.

He is suspected of being part of a syndicate, which includes five other people across the country.

A total of six professionals have appeared in courts throughout the country for child pornography.

The six included two teachers and a retired principal, a lawyer, a dermatologist, and a businessman.

Police spokesman Lt-Gen Solomon Makgale said the accused were arrested in Lichtenburg, Bloemfontein, White River, Douglasdale, Florida, and Potchefstroom.

“They are all suspected to have been involved in an international child pornography syndicate,” said Makgale.

Makgale said police were investigating whether the six were involved in distribution and manufacturing of child pornography, and if they were linked to an international syndicate.

At the weekend, police raided several homes in KwaZulu-Natal, Eastern Cape, Western Cape and Free State.

Among the items seized were 672 dvds, 22 memory sticks, eight laptops, two computer tablets, 39 external hard drives, and 25 books containing child porn.

The Times reported the case had links to Canada, the United Kingdom, the United States, Western Europe, and Australasia.

It reported that children as young as five were believed to have been groomed to have sex with each other and adults. The images were believed to have been generated overseas, and local police — with the help of their international counterparts — were investigating whether South African children were involved.

Their cases were postponed in court and they would appear separately on different dates in the next two months.

The Film and Publications Board (FPB) commended police for the arrests.

FPB acting CEO Jonas Phoshoko expressed disappointment at the fact that the crimes were committed by those who ought to be protectors.

“Looking at the profile of those arrested, it affirms that these crimes attract even the most trusted within society,” he said in a statement.

He hoped those found in transgression of the Film and Publications Act by being in possession, creating or distributing child pornography would be severely punished if found guilty.

Phoshoko urged parents to be vigilant and guard their children against potential abusers, both physically and on the internet. – Sapa

Woman convicted of bestiality

legalA woman has been convicted of bestiality by the Pretoria Regional Court, according to a report on Tuesday.

According to Beeld, Jana Smith, 32, pleaded guilty on Monday to four counts of bestiality and one of trying to use a child to create child pornography.

In an explanation of plea, she reportedly claimed she was manipulated and controlled by her former boyfriend, Morne Fourie, 38, and that he had fantasised about bestiality.

The newspaper reported that Fourie would appear separately in October on charges of distributing bestiality-related pornography, and of creating and distributing child pornography.

The newspaper reported that, in her explanation of plea, Smith admitted to having sex with two dogs on four occasions.

On the issue of child pornography, she reportedly said she had a close bond with the seven-year-old child, whom Fourie had asked her to video while bathing.

“I didn’t want to, but he kept on about it. I then set up the camera, but decided against it switched the camera off before the girl undressed. I’m very sorry about what happened,” Smith was quoted as saying.

Beeld reported that her lawyer Carmelitha Smit submitted in mitigation that Smith had completed Grade 10 in a special school, that she herself had been molested as a child, and that she was manipulated by Fourie.

Smith would be sentenced in August. – Sapa