Charges against KZN man accused of raping his stepdaughter provisionally withdrawn

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Published Feb 18, 2022

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Durban: A Tongaat man accused of raping his stepdaughter since she was six years old has been released from custody.

The case against the 31-year-old was provisionally withdrawn in the Verulam Magistrate's Court last week.

Advocate Elaine Zungu, director for public prosecutions in KwaZulu-Natal, said: "The reason for the withdrawal is for the child witness to receive counselling. The child needs assistance to deal with the trauma."

The unemployed stepfather was accused of raping the child from 2017. It is alleged he threatened to beat her with a belt if she told anyone. The victim's maternal grandmother opened a case against him in July 2020 after the child confided in her.

The child was taken to Mahatma Gandhi Memorial Hospital in Phoenix for a medical examination. The medical report confirmed bruising around her anal area. The accused allegedly went on the run, but his attorney later handed him over to the police.

Colonel Nqobile Gwala, a provincial police spokesperson, said the accused was arrested for rape in October 2020.

During his bail application, the State argued that bail should be denied based on the safety of the child, the serious nature of the crime, a petition signed by community members, and that the accused was deemed a flight risk.

He was subsequently denied bail and was held in custody since October 2020.

The grandmother, who has custody of the child, said: "I am upset and frustrated at this outcome. I don't know how the courts could allow this to happen. Now we are all living in fear."

It emerged in court that the alleged rape took place after the child's mother got a job as a waitress. The stepfather remained at home to take care of the child and his six-year-old biological son.

It has been alleged that he made his son watch television in the lounge while he took the girl into the room.

The grandmother alleged that the child tried to tell her mother what was going on, but she had not taken the allegations seriously.

Following the recent outcome, the grandmother said it had been difficult for the child, who was now 10.

"She is scared to go to school. She is scared her stepfather is going to come after her. Her nightmares have returned."

The child has been to Childline to meet with social workers.

"I also give her the bible to read, and I tell her to pray for some sort of peace."

The grandmother said the case had not been easy on her as well.

"I have been falling into depression. It has been difficult."

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