The young man admitted he’d started sex with his girlfriend but they were both so drunk they fell asleep instead.
The young woman said she couldn’t remember having sex with her boyfriend but her cousin said she had, so she opened a case.
The case was dropped on Monday – to the delight of a group of protesters gathered outside the Kariega Magistrate’s Court calling for the young man’s release, claiming that he had been falsely accused.
The young man had been arrested on his return from initiation school, accused of raping his girlfriend at a house party in November last year.
The accused’s aunt told Scrolla.Africa that her nephew had just returned from an examination camp at VM Kwinana High School where he matriculated and he was invited to a house party to celebrate the end of exams.
The 16-year-old now former girlfriend of the accused told Scrolla.Africa she had attended a house party at which she bumped into the accused and they spent the rest of the evening drinking. They agreed to leave the party together and head over to his house.
She said she does not remember if they engaged in any sexual activity.
“I don’t remember if we slept together, but when I woke up we were both naked. When I checked myself, there was no indication that I had been violated but my cousin told me that the accused had taken me by force and raped me but I cannot remember it.”
She said she decided to open a case against the accused because there are many instances where rape goes unpunished. The accused was arrested on 4 January.
“I didn’t want to sit and do nothing if something like this had happened to me,” she said.
However, upon consultation with her family, she said she decided to withdraw the case against the accused.
The young man’s bail hearing could not proceed on Friday, as scheduled, due to water and electricity disruptions in the court. The hearing was moved to Monday, 16 January, and the community was out to support him.
When he appeared, the court announced that the charges against the accused were formally dropped and that he was free to go.
Pictured above: Group of protesters picketing outside the Kariega Magistrate’s court in support of rape accused
Image source: Anita Dangazele