Alleged sex ring victims 'may be retraumatised' if they testify in front of accused

The victims of an alleged child sex ring will testify by means of a closed-circuit TV, and their testimony will be closed to the public, the Johannesburg high court ruled on Wednesday.

The court made this finding in the case of Gerhard Ackerman, 52, who is facing 740 counts including sexual grooming of children, human trafficking, procuring child pornography, sexual assault, sexual exploitation of children and rape.

His co-accused, senior Johannesburg advocate Paul Kennedy SC, committed suicide in February last year. He was 63.

The court ruled that the victims will be helped by an intermediary of the court.

The court made this ruling after the police's clinical psychologist, Col Kirsten Clark, testified that though the victims met the requirements and the competence to testify in court, they were all considered to be vulnerable victims.

The court ruled that the intermediary will comfort the victims if they experience stress while testifying.

Clark told the court that one of the victims was suffering from three particular severe psychiatric disorders: gender dysphoria, type-one bipolar mood disorder and borderline personality disorder.

One of the assessments with the victim was stopped as he was actively suicidal at the time and was referred straight from the consultation to Weskoppies Psychiatric Hospital for further treatment.  

“When I interviewed him again to complete the assessment, he still expressed that he was feeling suicidal ideation. What has happened with his particular case is that these incidents have almost worsened the severity of the disorders with which he has been diagnosed,” said Clark.

The court earlier heard there were a number of similarities from the assessed children as most of them came from disadvantaged backgrounds, specifically in terms of financial distress.

Most of the victims also had what would be described as dysfunctional families.

One of the aspects found in all the assessed victims was a distinct possibility of them suffering from prejudice or harm, retraumatisation or revictimisation if they were to testify in open court.

All of the victims expressed concern and distress over the idea of being in the presence of the accused or having to face members of the media or the public when giving testimony.

Clark found they were vulnerable witnesses, some of whom were showing signs of trauma and depression after the alleged abuse.

Ackerman, dressed in a black jacket and wearing a face mask, remained in the dock when the psychologist testified.  

According to the indictment, the pair targeted minors on social media platforms, including Facebook.

Most of the incidents allegedly took place between September 2020 and July 2021 while some of them allegedly occurred as far back as 2007.

The state alleged that in one of the incidents in December 2007 at the ATKV Hartenbos caravan camping ground in the Western Cape, Ackerman exposed his naked and erect penis in the presence of a child aged nine.

He allegedly did this with the intention to encourage or persuade the child, or to diminish or reduce any resistance or unwillingness of the child, to be in his presence or watch him perform a sexual act by exposing his penis and holding it in the presence of the child.

He pleaded not guilty.

The trial will resume on Thursday. A witness from the US department of homeland security is expected to testify.  

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