A man accused of rape has been set free after his alleged victim told a Palapye magistrate court under cross examination that she was too drunk to remember if there was consent.
The victim whose name is withheld told court that Gaongalelwe Diane, 20 whom she has known for three years dragged her through a passage to his house where he raped her with three condoms.
Relating her alleged ordeal to the court last month the alleged victim said after drinking at Makgabana Sports Bar in Palapye on 19th April, 2014 with her boyfriend and others she had decided to look for her boyfriend when she met Diane.
“He said my boyfriend had gone the other way and dragged me to a nearby passage and slapped me on the face and told me to keep quiet. He said to me; ‘ke a go go n^&*ba(I’m going to have sex with you). I got too scared to scream as he dragged me to his house. My face was swollen and my left eye was red,” she had said.
Once in the house the young lady said Diane undressed her and produced a knife and threatened to stab her if she screamed.
Since she was on her periods she said the alleged rapist tried to penetrate her anus.“When that failed he put on three condoms and inserted his manhood in my vagina. When he was done he gave me my clothes to wear and helped me put my jeans back then followed me until I got to my gate and told me not to tell anyone including my boyfriend,” she further stated.
However, under cross examination from defense attorney, Morris Ndawana of Ndawana and Company the victim said she was too drunk to remember if she had given consent.
“Is it that you did not give consent or you don’t remember since you were drunk?” Asked Ndawana.
“I don’t remember,” the victim responded. Magistrate Gofaone Mosweu asked her if she had understood the question and she admitted.
Acquitting and discharging Diane, Mosweu warned that it was wrong to have sex with women just because they are drunk.
Outside court the triumphant Diane, who posed with attorney Comfort Dubani of Ndawana & Company, smiled and said: “She must have done this to appease her boyfriend.”