Rape victims mustn’t ‘give up’ fight

One will never know whether Euphonik and DJ Fresh are innocent or guilty of alleged rape as there is no trial except their word against that of their alleged victim, says an expert.

Charges against Euphonik (real name Themba Nkosi) and DJ Fresh (Thato Sikwane) have been withdrawn as there is insufficient evidence to prosecute.

The two DJs faced charges of rape after a woman on Twitter alleged they had drugged and raped her in 2011.

While the allegations caused debate on social media, the National Prosecuting Authority said earlier this week the case was nolle prosequi, meaning it would not be prosecuted.

This was also the case with award-winning singer Sjava, who was accused of rape by his former lover, singer Lady Zamar. Like the two DJs, Sjava’s case was thrown out by the NPA in November.

It has to be proven without reasonable doubt that there were elements of rape, said Lisa Vetten, gender-based violence researcher at the University of Johannesburg.

The state has to show there was intentional, unlawful sexual penetration without consent. “The onus of proof is on the state. It has to gather all the supporting information and be 95% sure.”

According to organisation Rape Crisis, physical evidence, forensic examination, a first-contact witness and a police statement are evidence required to build a rape case.

“To collect physical evidence such as the rapist’s saliva, blood, semen or hair, you will need to have a forensic examination done within three days (or 72 hours) after the rape, provided you have not washed this evidence away.”

“But if more than three days have passed, your case still stand a chance so this should not stop you from reporting rape to the police,” said the organisation.

Lack of such evidence would only result in difficulty in proving the matter, Vetten explained.

“If you have a case with no physical evidence, nothing was discussed at the time, no psychological evidence or ambiguous evidence or the people allegedly involved continue to have relationships with each other and continue to be in touch, it makes it difficult.”

Another option would be to sue for damages through a civil case.

“Don’t give up,” Vetten said.

To collect physical evidence such as the rapist’s saliva, blood, semen or hair, you will need to have a forensic examination done within three days.

Rape Crisis