A Pretoria single mother who woke up bloodied and bruised in a hospital after being invited for a glass of wine by her neighbour had to wait three months before police registered a rape case — and only after AfriForum’s Private Prosecution Unit escalated the matter to the provincial head of the SAPS Family Violence, Child Protection and Sexual Offences (FCS) unit.

According to Pretoria Rekord, the woman, who believes she was drugged and raped, was initially dismissed by investigators despite alarming physical evidence and a medical examination. Despite being reported in April, police have not taken statements from her or potential witnesses.

Woman says she was drugged after accepting wine from neighbour

According to AfriForum’s Private Prosecution Unit communications manager Barry Bateman, the criminal case was only registered on Tuesday, after the unit escalated the matter to the provincial head of the police’s FCS unit the previous day, because the commander of the Moot Police Station’s FCS allegedly failed to respond to requests to register and investigate a case docket.

“Our assumption is that the SAPS, having been informed that the victim has no recollection of the rape and that she woke up in a hospital with a body full of bruises and clothes full of blood, lacks the skill or drive to further investigate the matter,” said Adv Gerrie Nel, the head of the unit, in a letter to the FCS provincial head.

“During a time when society has lost trust and confidence in the SAPS, it appears that the specialist investigators are unaware of the fact that it is trite law that a complainant cannot consent to intercourse if she is intoxicated or not sober.”

He said although police have failed to obtain a statement from the victim, she has told the unit that on the evening of April 20, her neighbour and his fiancé invited her to their flat for a drink. She had intended to have only one glass of wine but was offered a refill by the man.

“At some point during the evening, I tasted something incredibly bitter in my mouth. I can still remember the taste, but I have no idea what I ate or tasted. I took a few sips of the wine, and from there, everything was completely gone. I can’t remember anything. I woke up at Tshwane District Hospital,” she said.

Victim woke up with bruises and no memory of the night

Bateman said when relatives could not reach the victim on the morning of April 21, they entered her flat to find blood spatter on the floor and walls, but she was nowhere to be found.

“The male neighbour’s gown was found in her bedroom and her clothes were later found at the neighbour’s house. She has no recollection of the events of the night. The case was reported to the police that evening, when she went to a private hospital to be examined and have samples collected for a rape kit.”

Bateman added that the doctors took the initiative to report the matter to SAPS, and the result of the rape kit has not been shared with the victim.

“According to the victim’s father, the detective assigned to conduct the inquiry made a dismissive remark about his daughter’s lack of memory of what happened the night before.”

Police only acted after AfriForum escalated the matter

Meanwhile, police have defended their three-month delay in registering a rape case reported by the woman, who woke up bloodied and bruised in hospital after a night she cannot remember.

In response to media enquiries, SAPS spokesperson Colonel Dimakatso Nevhuhulwi explained that an inquiry — not a case docket — was opened in April because the victim had no memory of the alleged rape.

The police said the investigation included witness statements, a suspect warning, and forensic evidence collection, and was submitted to the senior state prosecutor in June.

The docket was only returned this week with a directive to obtain a statement from the victim’s father — just days after AfriForum’s Private Prosecution Unit escalated the matter.

“It should be noted that, with each and every incident whereby the victim does not have recollection of what happened, the FCS does not register a case right away,” said Nevhuhulwi. “Once the investigations are finalised, the prosecutor can instruct that the inquiry be registered as a case docket.”

SAPS claims case could not be opened without full recollection

Bateman also said that at the Budget Vote speech on July 16, President Cyril Ramaphosa described gender-based violence as ‘a pandemic that shames the men of our nation’.

“While we can point to progress in responding to instances of gender-based violence – from clearing the historical DNA backlog to increasing conviction rates and improving victim services in police stations – our greatest challenge is to prevent such instances in the first place,” Ramaphosa had said.

Bateman said the president’s statements demonstrate how out of touch government is with the reality that women face daily at police stations and in courtrooms.

“What President Cyril Ramaphosa tells Parliament about the fight against gender-based violence rings hollow and meaningless when even those police officers tasked with investigating sexual violence treat complainants with contempt and disbelief.

“A woman went to someone’s house where she consumed alcohol. The next thing she remembers is waking up in hospital covered in blood, cuts, scratches and bruises and signs that she had been raped. The incident was reported to police that very same day, but it took three months for the police to register a case docket, and only after the Private Prosecution Unit escalated the matter to the FCS unit’s provincial office.

“It is unconscionable that a sexual violence detective with dedication and professionalism would allow this to happen. We are left with the regrettable conclusion that the purported experts either lack the skills needed to investigate such crimes or are callously apathetic to the plight of rape victims.”

Bateman said the docket was registered within 24 hours of the Private Prosecution Unit escalating the case, but three months’ worth of investigative opportunities were lost.

“In our letter, we identified several obvious witness statements and other evidence that still needs to be gathered. While we welcome this development, we hope it will put an end to the police’s contemptuous treatment of a rape victim,” said Bateman.

Legal definition of consent underlines failure by police

In South African law, consent is excluded when a person ‘is incapable in law of appreciating the nature of the sexual act, including where (the complainant) is, at the time of the commission of such sexual act… unconscious (or) in an altered state of consciousness, including under the influence of any medicine, drug, alcohol or other substance, to the extent that (the complainant’s) consciousness or judgement is adversely affected’.

The unit believes that authorities demonstrate a complete failure to understand this definition, which results in numerous rape victims being turned away by police because they have no recollection of the sexual act, or are discouraged from reporting such cases due to the contempt with which they are treated. The unit encourages victims to come forward.

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