Dozens of women protested outside the Gqeberha magistrate’s court on Monday, voicing their opposition to the release of a 63-year-old man accused of statutory rape and the sexual exploitation of children.
The Adcockvale man, who cannot be named until he formally pleads to the charges, was arrested on August 3 after a missing mentally impaired 14-year-old boy was allegedly found at his residence and later gave a statement to police claiming he had been sexually assaulted.
Police spokesperson Colonel Siphokazi Mawisa confirmed that the Family Violence, Child Protection and Sexual Offences Unit was still investigating, and said further charges could be added.
“The investigation commenced after the parents of a missing 14-year-old boy traced him to an address in Kingston Road,” Mawisa said.
“After the boy was interviewed, information emerged which led to a case of alleged sexual exploitation being opened.
“It is alleged that the suspect lured young boys to his residence and offered them money in exchange for sexual favours.
“The allegations form part of the ongoing investigation.”
Emotions ran high outside the court court as members of youth development and advocacy organisation MoJazz Kids Club and the DA Women’s League stood in support of the boy’s mother.
Inside the courtroom, state prosecutor Nontuthuzelo Siluma read out a statement from the investigating officer.
Siluma said the mother of the teen had gone to the Gelvandale police station for assistance after he had been missing for two days.
“The mother then approached a pastor who went to the residence of the accused,” the statement said.
“The pastor asked the accused over the intercom if the missing boy was at the house and the man said no.
“The pastor asked the man to come outside and he refused.
“The mother began shouting and the gate opened and her son and another boy [allegedly] came out of the house.
“The kids did not talk at first but eventually told the pastor that they were given food and water to wash themselves and then the 14-year-old [allegedly] had sexual intercourse with the accused.”
Siluma said the state was opposing bail for a number of reasons.
“There is the possibility of more [alleged] victims as they have been named in statements given during the investigation,” the prosecutor said.
“The child is mentally challenged, and the [alleged] victims are vulnerable children.
“There are allegations that the accused exchanged money for sex.”
Defence lawyer Ryno Scholtz argued that the state had said there was a possibility of more alleged victims but did not mention that there was a likelihood of interference or intimidation should his client be released.
“We do not work with possibilities, we work with likelihoods,” Scholtz said.
He said his client had no previous convictions or pending cases.
He worked for an alarm installation company.
Scholtz argued it was in the interest of justice to release the man on bail.
Siluma responded that the potential victims were minors and that there was a likelihood the accused would endanger the safety of the public.
“The [alleged] victim is a mentally challenged minor.
“The accused [allegedly] took advantage of children and kept them in his house and did not let them out when the parent asked him to.
“We don’t want this type of person in society.
“He will intimidate and influence witnesses.
“He knows their identity, while the SAPS is still locating the other [alleged] victims.
“The state has a prima facie case.
“The applicant has not provided evidence to challenge the strength of the state’s case and no evidence telling the court what transpired on the day.”
Scholtz then argued that there was no evidence the children had been held against their will.
“We cannot argue without evidence,” he said.
He said though the state said the complainant was mentally impaired, the first charge was statutory rape, which implied that consent may have been given by the minor.
“How mentally challenged is he if the state says it is statutory rape?
“How can the accused be aware of the identity of the [other alleged] victims if the state doesn’t even know who they are?”
The bail application was postponed to September 1 for judgment.
The accused remains in custody.
Speaking after proceedings, MoJazz Kids founder Lennodia Petersen said: “I’m not happy with the fact that they are treating a gender-based violence case as if the complainant were an adult, not looking at it from a child’s perspective.
“Who says a child gave consent?
“I totally disagree with what happened today and I really hope bail will be refused.”
The traumatised mother of the teenage boy said since the alleged incident, her usually outspoken and happy child had become a recluse.
“He is clearly traumatised,” she said.
“He comes home from school and doesn’t talk to anyone.
“He just plays games on his phone.
“He was always laughing and making jokes but since this happened, I have not heard him laugh once.”
She said they had been referred to a social worker for counselling.
The Helenvale mother believed her son was not the only alleged victim.
Her sentiments were echoed by the man who had accompanied her to the accused’s house that day.
“The mother approached me and asked me to accompany her to the house where she suspected her son was,” the man, who asked not to be named, said.
“There was a boy from the area who knew where the house was and took us there.
“The mother was shouting that she wanted her son and knew he was inside.
“But the accused [allegedly] refused to come out.
“Eventually, the automatic gate opened and two boys came out,” he alleged.
“We immediately phoned the police, and he was arrested shortly thereafter.
“We don’t know how long this has [allegedly] been going on and if it only involved boys from the northern areas.”
The mother, who cannot be named to protect the identity of her son, said he seemed shocked and scared that day.
“I still don’t know what really happened in that house.
“I feel frustrated because this man is a grown-up.
“I am scared he gets bail.”
Petersen said she had been approached by the family to assist with the case.
“After giving a talk on the importance of protecting children, I was approached by some men who told me about this case and asked for assistance.
“Our children are vulnerable, yet people ask why there are so many murders and drugs in the northern areas.
“It is because of [alleged] things like this.
“Children are traumatised and because there is no support or understanding for what they have been through, these kids often end up involved in crime.”
She said they planned to introduce a programme at school to teach children how to handle such situations.
“We will bring in the rape crisis team to assist with any potential victims.
“At this stage, not all parents have been notified that their sons might be potential victims.
“We are asking any families who know or suspect that their child is a victim to come forward.”
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