Two minor children who were allegedly forced into prostitution by their 38-year-old mother are competent witnesses and would be able to testify in the presence of an intermediary in court.
This is according to Capt Karin Botha, a forensic social worker, who conducted a competence assessment report to establish if the children could distinguish between the truth and lies.
She testified during the trial of the mother and her co-accused, attorney Carel Benjamin Schoeman, on Monday in the Johannesburg high court sitting in the Palm Ridge magistrate's court.
The mother cannot named to protect the identity of the children.
The children were assessed to determine if they could articulate information in a free narrative form and if they understood the consequences of lying.
The daughter, who was 13 years old during the commission of the alleged crimes, was 14 years when she was assessed and interviewed about the alleged incidents.
“She was able to describe her feelings about the alleged abuse and said the perpetrators had ruined her life,” Botha told the court.
She said during the assessment of the older daughter there were indications of discomfort or anxiety when asked about the alleged abuse. The court heard it would not be in her best interests to testify in an open court in the direct presence of the alleged perpetrators.
Botha told the court that if she testifies in direct court this would negatively affect her testimony and affect her emotional wellbeing. She added that the elder daughter would be competent to testify with the assistance of an intermediary in the intermediary room to avoid stress.
The court heard that the elder daughter should also receive a court preparation to assist her with understanding the legal process. She was also able to identify the guest houses where the alleged incidents happened.
During the assessment, both minor children mentioned their fathers but were not sure if their mother was telling them the truth.
The second daughter, who was 12 years old when the assessment was conducted, was able to complete all the required tasks she was requested to do.
“She was able to relay the alleged incidents consistently throughout the assessment,” said Botha.
The court also heard that the mother neglected her children and did not send them to school but since being taken to a place of safety were able to go back to school.
The younger daughter was also able to recall the experiences of the alleged abuse.
“She was able to verbalise the identity of the alleged perpetrators. She was able to successfully identify emotional labels and link her experience to these emotions.
“She expressed anger towards her biological mother [and that she] ruined her life as well as her siblings'. She was of the strong opinion that the decision of her mother caused her and her siblings to be negatively affected and punished.
“She understands the concept of right and wrong. She also committed herself to tell only the truth during the assessment process,” said Botha.
The court was adjourned to Tuesday for Botha to continue testifying during the cross-examination.
The mother is in custody while the lawyer was granted bail.
According to the indictment, Schoeman approached the mother to “buy” the victim from her in December 2022 and they agreed on R160,000. He allegedly made a down payment of R24,000 and also handed over a vehicle for her use.
He allegedly raped the child daily, either at a guest house or at the mother's flat in Heidelberg.
When the victim refused to participate, he allegedly pointed his firearm at her and threatened her.
TimesLIVE previously reported the mother is accused of forcing her daughters to be raped by various men in exchange for money before their 13th birthdays.
According to court papers, the firstborn daughter was raped by men at guest houses in Boksburg, Brakpan, Heidelberg, Springs, Villiers, Amanzimtoti and Ramsgate.
The mother is accused of advertising the “services” of her daughter on internet sites such as Sex Trader and Red Velvet.
TimesLIVE
Two children allegedly 'forced into prostitution' are competent witnesses and able to testify, court told
Image: Kabelo Mokoena
Two minor children who were allegedly forced into prostitution by their 38-year-old mother are competent witnesses and would be able to testify in the presence of an intermediary in court.
This is according to Capt Karin Botha, a forensic social worker, who conducted a competence assessment report to establish if the children could distinguish between the truth and lies.
She testified during the trial of the mother and her co-accused, attorney Carel Benjamin Schoeman, on Monday in the Johannesburg high court sitting in the Palm Ridge magistrate's court.
The mother cannot named to protect the identity of the children.
The children were assessed to determine if they could articulate information in a free narrative form and if they understood the consequences of lying.
The daughter, who was 13 years old during the commission of the alleged crimes, was 14 years when she was assessed and interviewed about the alleged incidents.
“She was able to describe her feelings about the alleged abuse and said the perpetrators had ruined her life,” Botha told the court.
She said during the assessment of the older daughter there were indications of discomfort or anxiety when asked about the alleged abuse. The court heard it would not be in her best interests to testify in an open court in the direct presence of the alleged perpetrators.
Botha told the court that if she testifies in direct court this would negatively affect her testimony and affect her emotional wellbeing. She added that the elder daughter would be competent to testify with the assistance of an intermediary in the intermediary room to avoid stress.
The court heard that the elder daughter should also receive a court preparation to assist her with understanding the legal process. She was also able to identify the guest houses where the alleged incidents happened.
During the assessment, both minor children mentioned their fathers but were not sure if their mother was telling them the truth.
The second daughter, who was 12 years old when the assessment was conducted, was able to complete all the required tasks she was requested to do.
“She was able to relay the alleged incidents consistently throughout the assessment,” said Botha.
The court also heard that the mother neglected her children and did not send them to school but since being taken to a place of safety were able to go back to school.
The younger daughter was also able to recall the experiences of the alleged abuse.
“She was able to verbalise the identity of the alleged perpetrators. She was able to successfully identify emotional labels and link her experience to these emotions.
“She expressed anger towards her biological mother [and that she] ruined her life as well as her siblings'. She was of the strong opinion that the decision of her mother caused her and her siblings to be negatively affected and punished.
“She understands the concept of right and wrong. She also committed herself to tell only the truth during the assessment process,” said Botha.
The court was adjourned to Tuesday for Botha to continue testifying during the cross-examination.
The mother is in custody while the lawyer was granted bail.
According to the indictment, Schoeman approached the mother to “buy” the victim from her in December 2022 and they agreed on R160,000. He allegedly made a down payment of R24,000 and also handed over a vehicle for her use.
He allegedly raped the child daily, either at a guest house or at the mother's flat in Heidelberg.
When the victim refused to participate, he allegedly pointed his firearm at her and threatened her.
TimesLIVE previously reported the mother is accused of forcing her daughters to be raped by various men in exchange for money before their 13th birthdays.
According to court papers, the firstborn daughter was raped by men at guest houses in Boksburg, Brakpan, Heidelberg, Springs, Villiers, Amanzimtoti and Ramsgate.
The mother is accused of advertising the “services” of her daughter on internet sites such as Sex Trader and Red Velvet.
TimesLIVE
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