Rape victim lives in fear after attacker opens case leading to her arrest

A rape victim is in a place of safety after being assaulted with a panga by her alleged rapist and his friends — who then opened an assault case that led to her arrest.

In retaliation for the rape case opened by the 31-year-old woman, the perpetrator and his friends later ambushed the victim with pangas and sharp objects, threatening to kill her. The woman and her boyfriend, who was home with her during the panga attack, sustained injuries.

But two weeks after their arrest the alleged rapist, a well-known 26 gangster, opened a counter case of assault against the woman’s boyfriend. His gangster friend, also in custody, opened a counter case against the rape victim, resulting in their arrest.

The incident, labelled by some gender-based activists as “litigation abuse”, has left many in the sleepy Cape West Coast town of Klawer fuming. The town was in the news in the past few months after the brutal murder of Jerobejin van Wyk, 13, killed in an apparent Satanist ritual.

His body parts were later found by the police stuffed in a sewer just a few kilometres from his RDP home.

On Tuesday Daniel Smit, 56, who allegedly confessed to killing Jerobejin, is expected to appear in the Klawer magistrate’s court. He is facing charges of murder, kidnapping, assault with intent to cause grievous bodily harm and defeating the ends of justice. It is alleged Smit chased Jerobejin and his friend with his bakkie and hit the teenage boy with the vehicle before taking him away. Body parts were discovered on his property a few days later.

Police have confirmed they are investigating a rape case, related to an incident at the end of January.

Speaking from the safe house on Sunday the rape victim told Sunday Times Daily of her fear since the sexual assault and the panga incident last month. “The attacks have left me traumatised. I’m too scared to walk in the streets. If I have to walk I always make sure I’m surrounded by people. I’m constantly looking over my shoulder in case one of their gangster friends attacks me again.”

Police spokesperson Col Andrè Traut confirmed a 31-year-old female was scheduled to appear in court on Tuesday on a charge of assault.

“She was arrested following a police investigation and is released on bail,” said Traut.

“This office can also confirm that an inquiry case was registered by Vredendal family violence, child protection and sexual offences (FCS) to probe an alleged rape that occurred between January 30 and January 31 2022.

“The inquiry was opened to determine if a rape was indeed perpetrated as the victim could not provide an accurate account of events. Forensic results are awaited and no suspect has been arrested or identified as yet,” said Traut.

NGOs at the forefront of the fight against gender-based violence and activists have expressed outrage at what they deem to be an alleged case of “litigation abuse” by a perpetrator to keep power and control over the survivor of abuse by misusing the court system against the victim.

Tina Thiart, director of the NGO 1000 Women Trust, said in the last few months there had been numerous cases of litigation abuse. 

“We have seen the police being quick to open cases of abuse by women, reported by rape accused and by perpetrators. We need to raise awareness and we need to challenge this pattern.” 

According to international studies, only 2% of men have been accused wrongfully by women. “No woman is prepared to go through the ordeal of reporting for revenge, but men use the legal system to get women to drop a court case or withdraw a report,” Thiart said.

“If you just follow the stories of women survivors on social media you will see all the instances where perpetrators use the law to abuse women. Fathers do not want to pay maintenance and use the courts to victimise women.”

She said litigation abuse came up in several types of cases, including in protection orders, unnecessary lawsuits and family law, she added.

“The police pay too much lip service in assisting women who suffer gender-based violence, but the anecdotal evidence of women being turnt away by police officers or simply ignored or slighted is overwhelming.”

Wendy Pekeur, founder of the Ubuntu Rural Women, said: “There are many cases where women do not get help from the police.” She said the police are often insensitive, or turn women away while telling them to sober up or cool down.