A woman who was raped 18 years ago is hoping justice will be served after prosecutors decided to “revisit” the case against her alleged attacker who should have completed a diversion programme but “checked out” early.
She discovered in June that he absconded from a three-year diversion programme — after being arrested for allegedly raping and murdering his son’s eight-year-old friend Daniël Jamneck during a home sleepover in Kraaifontein, Cape Town.
It came to light during his bail application in the murder case that the terms of the diversion programme agreed to, years ago, stipulated that the rape case would be reopened if he did not complete the course.
The victim wrote to the director of public prosecutions in the Western Cape in July, asking that the case be reopened but was devastated by the initial response received in August.
“It appears from the information provided that the accused was convicted and sentenced. The state is therefore not in a position to reopen the case,” the prosecution responded.
National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila later clarified that the initial response was based on information indicating “the accused was sentenced on a rape charge to a suspended sentence in 2005-2007 and has since been arrested on a charge of murder and sexual assault”.
The complainant had indicated it was a plea and sentence agreement and wanted assistance in having the suspended sentence put into operation and for the case to be reopened.
She had indicated, he said, “the term of suspension would only be for three or five years and that that term would have expired by now”.
“It would therefore not be possible to have the suspended sentence put into operation. We are also not able to reopen a case where an accused was convicted and sentenced,” said Ntabazalila.
“The information now at our disposal indicates that the accused was not convicted and that he was diverted to undergo a diversion programme. At this stage, there is no information to suggest that he did not complete the diversion programme successfully in 2007. We will therefore be able to revisit the 2005 matter.”
Dr Marcel Londt, the psychologist who ran the programme, confirmed to the Sunday Times in July that the man had absconded from the programme.
“He attended only three or four sessions and disappeared when confronted with the suspicion that there were also two ... cousins [girls] in addition to the withdrawn attempted rape charges,” Londt said.
His alleged victim, a 38-year-old businesswoman, said no-one told her that the man who slipped something into her drink in 2005 and then raped her had not finished the programme.
Instead of getting a criminal record, the 47-year-old suspect slipped through the cracks and spent five years as a member of one of Cape Town’s largest neighbourhood watch groups.
Two years after the alleged rape he absconded from the state diversion programme he was sent to in 2007, after admitting to raping the woman.
The woman said she felt “disgusted, sick and violated” and “cheated” when the prosecution initially said its hands were tied. But now she says there is a glimmer of hope.
“I am deeply disappointed that justice didn't take its course when it should have 18 years ago, so much hurt would have been spared,” she said. “However, I am pleased and hopeful to hear that there may finally be a development in my case.”
