LIMPOPO – The Giyani Magistrate’s Court dismissed a rape case on Wednesday after the victim, who is the accused’s mother, changed her mind and requested the case be withdrawn so she could take her son home.

The victim, a 63-year-old woman who resides at Xivulani village in Giyani, was allegedly raped while asleep in her room in 2021 by her son, who cannot be named since the case has been withdrawn.

According to the details revealed in court, the victim went to bed at approximately 20:00, dressed in her usual traditional attire, and left her door unlocked. After retiring to her room, she was awakened two hours later, around 22:00, by the presence of a male figure on top of her.

Upon opening her eyes to comprehend the situation, she realised that the individual was her son, who was attempting to engage in sexual intercourse with her. Shocked and horrified, she reportedly asked him what he was doing, to which he responded by threatening to kill her if she did not remain silent.

Fearing for her life, she allowed the assault to continue. The victim further testified that she did not disclose the incident to anyone at the time, as she was overwhelmed by fear and trauma.

However, the emotional and psychological toll of the assault became unbearable, prompting her to make the difficult decision to leave her home. She relocated to Gumbani village in the Vhembe district, leaving behind her son and the rest of her family members in Xivulani.

This move was an attempt to distance herself from the traumatic experience and start anew. However, four years after the initial incident, on January 26, the son unexpectedly arrived in Gumbani village where the victim had sought refuge.

He allegedly confronted her and demanded to know why she left home without informing anybody. He further accused her of harbouring hatred toward him, claiming that she had abandoned the family home without providing any explanation for her sudden departure.

The argument escalated quickly resulting in the son resorting to verbal abuse and hurling insults at her before he forcefully pushed her down to the ground threatening to assault her.
This outburst was the final breaking point for the victim, and she decided to formally report the rape that had occurred four years earlier.

However, a few days later, after her son’s arrest and court appearance, the mother changed her mind and requested that the charges against him be dropped. This decision was met with resistance from the court gallery, which was filled with residents of Shivulani village.

The magistrate withdrew the case because the primary witness chose to withdraw her testimony and the suspect was released.