Dramatic twist in teen rape case
Dramatic twist in teen rape case

Dramatic twist in teen rape case

Jana-Mari Smith
The lawyer for a man accused of raping a 13-year-old girl three years ago in Otjiwarongo, yesterday argued in court that the girl had made up the accusation in order to avoid punishment for staying out late.

During the cross-examination of the now 16-year-old complainant at the Otjiwarongo Regional Court, legal aid lawyer Kenneth Siambango put it to her that the details of the rape in her testimony this week differed from her police statement three years ago.

The difference centres on her testimony yesterday that the accused tried to enter her but was not able to enter because “it did not fit”.

She testified that during the alleged violent and painful encounter, during which he allegedly also strangled her and threatened her with a knife, he eventually gave up and fell asleep next to her.

The defence yesterday however pointed out that in her original police statement in January 2014, the complainant told the police that the accused had “inserted his penis, moved up and down” and ejaculated inside of her.

In the trial of the State versus Natangwe Shishiveni, the accused is facing one charge of rape, which the minor complainant said he committed on the night of 27 January to 28 January, while her legal guardian was working at a hospital in the town.

The complainant, whose name cannot be made public, testified during her evidence-in-chief yesterday that on the evening of 27 January, she accompanied her guardian on her way to work and then returned home where she began to prepare dinner. She testified she was alone in the house.





She told the court that her guardian's two sons, the accused and a brother, lived on the same property but in separate rooms next to the main house she shared with her guardian.

She said that she was woken up on or before midnight by Shishiveni who asked for his food. Shortly afterwards, the complainant alleged that the accused entered her room, naked, and jumped onto her bed, grabbed her throat and began to undress her.

These details correlated to the police statement.



She told Magistrate Marelize du Plessis that all the while she struggled to free herself.



“We wrestled and then he overpowered me.”



While being examined by the prosecutor, Johanna Hamunyela, the complainant testified that the accused tried to penetrate her, but although he pushed “it did not fit”. She said the ordeal was physically and emotionally painful.



She testified that when the accused realised he could not enter her, he lay down next to her and fell asleep.



She said yesterday that his penis did not enter her “totally”.



Siambango argued during cross-examination that the two versions, her court testimony and police statement, differed because she was lying about the incident.



The complainant however responded during cross-examination that her statement had not changed substantially.



“I don't see a change, it's just that little thing that is changed. But then I did not understand it,” she said, referring to the term 'ejaculation'.



She claimed the word was only explained to her during cross-examination yesterday.



Siambongo stated yesterday that his client denied the charges against him.







Payback







According to Shishiveni the girl had come home after her curfew the previous night, between 21:00 and 22:00.



The accused, whom the victim referred to as a step-brother, then confronted the teenager and informed her he would tell her guardian about her coming home late.



The complainant confirmed the exchange, and her coming late while on the stand.



But she argued that the idea of “making up a story because I am afraid of being beaten by my guardian” was untrue.



She said she was used to receiving beatings, and although she was worried, she did not lie about the rape.



Siambango argued that the accused's version was that after the exchange he went out and came back later that night and immediately went to his room.



He said his client stated that he had never had any physical contact with the complainant, and that he denied raping her.



On Monday, the doctor who had examined the girl a day after the alleged rape, testified that according to his examination there had been recent penetration.



He testified that that the hymen of the complainant was “broken” and that the “fresh tears” he observed indicated it had been a recent occurrence.



He further testified that apart from the gynaecological exam, her body did not show any recent signs of assault, including bruising, swelling or other marks.



He did not observe marks on her neck, he told the court.



Siambango argued that whether or not the complainant had intercourse, forced or with consent, it was not with the accused person.



Du Plessis, yesterday remanded the case to 13 June, in order for the police to locate a crucial witness to testify in the matter, who was subpoenaed in April but did not appear at court this week.



This witness, whose name remains unknown to Namibian Sun, could shed light on the events in the early morning hours of 28 January after the girl testified that he came home, and had found the accused in her room sleeping.



Shishiveni's bail was extended.

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Namibian Sun 2024-03-28

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