A 15-year-old boy has told the court that he did not resist when he was sexually assaulted twice because he was afraid of his 46-year-old alleged female rapist who was also his neighbour.
The minor, whose identity is withheld due to ethical reasons and because he is a minor, made the revelations yesterday while testifying before Principal Magistrate Florence Msibi during the trial of Nontokozo Sakhile Dludlu, who stands accused of contravening Section 3 of the Sexual Offences and Domestic Violence Act 15/2018.
She is alleged to have committed the offence on August 19, at Luve.
The complainant told the court that he was a Form I pupil in one of the schools around Luve. He said his mother died in 2015 when he was still young and that he had never met his biological father.
He said following his mother’s death, his grandmother became his sole guardian. The minor told the court that he had known Dludlu for many years because she was their neighbour.
According to his testimony, on August 19, Dludlu visited his home, where his grandmother was selling traditional brew.
He alleged that Dludlu was drinking umcombotsi at a makeshift structure within their family yard, where they usually prepared meals.
The complainant said he was seated next to the accused when she allegedly leaned against him in what he described as a flirtatious manner.
He told the court that while they were there, the electricity units at the homestead ran out. He said he then went to fetch his grandmother’s cellphone, which he intended to use to purchase electricity units. The grandmother’s house, he said, was approximately 27m from where they had been seated.
According to the minor, Dludlu followed him into the house.
He alleged that upon entering the house, she grabbed him by the hand, threw him onto a sofa and touched him inappropriately before violating him inside the house.
He said the alleged sexual assault lasted for about five minutes and occurred before he could load the electricity units.
Afterwards, he said, he loaded the electricity units and returned his grandmother’s cellphone before going to his cousin’s house. Later, he said, he went outside to eat.
The complainant alleged that Dludlu subsequently called him and instructed him to go behind a hut (gucasthantaze) within the family compound.
He said he went there and Dludlu followed him. She again touched him inappropriately before allegedly sexually assaulting him once again.
He claimed that the alleged assault only stopped after they heard his grandmother asking about Dludlu’s whereabouts as she was preparing to close the shebeen.
He said Dludlu left first, while he remained behind for approximately two minutes before leaving.
The minor told the court that he eventually confided in a friend because he was shocked that Dludlu could allegedly do such a thing to him.
He said he was afraid to report the matter to older people, which was why he opted to tell his friend.
According to the minor, his brother subsequently confronted him and asked him about the alleged ordeal and he told him what happened.
The matter was eventually reported to the police resulting in Dludlu’s arrest, after which the minor was taken to Dvokolwako Health Centre, where he was medically examined.
Addressing the issue of resistance, the complainant was emphatic that he did not consent to or enjoy what allegedly happened.
He told the court that although he did not resist, it was because he was afraid of the accused.
He pointed out that the accused never flirted with him or showed signs of being fond of him before the incident.
He also told the court that he was experiencing his first sexual encounter when Dludlu allegedly violated him.
Meanwhile, Dludlu has pleaded not guilty to the charge.
In her defence, she told the court that the minor had asked her to accompany him to the house to provide light while he loaded the electricity units, denying that she sexually assaulted him.
The matter was postponed to Wednesday for continuation of the trial.
