‘Drugged and raped’ – another case the police have failed to properly investigate
During Women’s Month, when law enforcement authorities publicly stated their commitment to combating gender-based violence (GBV), AfriForum’s Private Prosecution Unit was forced to intervene in yet another case in which a woman was allegedly drugged and raped, and the case was closed without being properly investigated. The woman recalls accepting a drink from the suspect, and then waking up some time later covered only in a towel in her own car. The incident happened in August 2022.
Despite immediately reporting the incident to the police and providing the necessary medical evidence, the case was closed within weeks. The victim found out about the decision when the suspect informed the court during a separate application for a protection order against him. In a meeting with a prosecutor, it was related to her that the suspect will not be prosecuted because she lacks evidence to refute his version of events.
The suspect is a well-known and wealthy investment broker based in Bryanston. This fact also appears to have influenced the prosecutor’s decision not to proceed with the case, telling the victim that a civil case may be brought against him if he proceeds with the prosecution of the suspect.
In a letter to the National Prosecuting Authority (NPA), Adv. Gerrie Nel, Head of the Private Prosecution Unit, says the victim described her treatment by the prosecutor as dehumanising. “This is the second matter in so many weeks where the criminal justice system’s inability to deal with issues of gender-based violence, where the perpetrator has intercourse with a victim who is incapable of giving consent, despite the circumstantial evidence before and after the incident, is exposed.
“The complainant was not only failed by the criminal justice system, but her treatment by the prosecutor and, to an extent, the investigators, highlights the inability and/or unwillingness by the state to deal with the reality that women are drugged or abused when under the influence of an intoxicating substance,” says Nel.
Barry Bateman, Spokesperson for the unit, says this is another example of the state’s lip service in addressing GBV. “This is the second such case the Private Prosecution Unit has handled in the last month, and it reveals a troubling pattern in which the police unquestionably accept the version provided by a rape accused when the victim is unable to recall what happened. Such cases necessitate a thorough investigation and proper interrogation of the evidence to ensure that rapists who drug their victims or take advantage of intoxicated victims are prosecuted and convicted.
“This case also highlights the poor treatment that victims of GBV receive from police and prosecutors. The Private Prosecution Unit expects criminal justice officials to treat all victims of crime with dignity and compassion, and to keep them up to date on any developments in their cases. The unit will continue to ensure that this happens,” says Bateman.
