S v Jaftha (CC72/2015) [2015] ZAECGHC 110 (8 October 2015)

S v Jaftha (CC72/2015) [2015] ZAECGHC 110 (8 October 2015)

The court found the complainant to be a credible and reliable witness whose evidence was clear, consistent, and corroborated by her mother and neighbour. The accused's version was rejected as inherently improbable and unsupported by the evidence. The court held that the complainant did not consent to sexual intercourse and that the accused's conduct constituted rape as defined by statute. The probabilities overwhelmingly supported the State's case, and the accused was found guilty beyond reasonable doubt.

Citation
[2015] ZAECGHC 110
Parties
Applicant: The State; Respondent: Geven Jerome Jaftha
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
8 October 2015
Case Number
CC72/2015
Procedural Posture
Criminal Trial / Judgment
Outcome
The accused is found guilty of rape.
Judges
C Plasket
Legal Topics
Rape, Sexual Offences Act, Consent, Credibility of Witnesses
Criminal Law Rape Sexual Offences Act Consent Credibility of Witnesses

Case Brief

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Parties

The State

Applicant

Geven Jerome Jaftha

Respondent

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether the complainant, a 13-year-old girl, consented to sexual intercourse with the accused.
  2. 2 Whether the accused's version of events is reasonably possibly true.
  3. 3 Whether the evidence of the complainant is satisfactory in all material respects.

Ratio Decidendi

The court found the complainant to be a credible and reliable witness whose evidence was clear, consistent, and corroborated by her mother and neighbour. The accused's version was rejected as inherently improbable and unsupported by the evidence. The court held that the complainant did not consent to sexual intercourse and that the accused's conduct constituted rape as defined by statute. The probabilities overwhelmingly supported the State's case, and the accused was found guilty beyond reasonable doubt.

Court Disposition

The accused is found guilty of rape.

Orders

  • The accused is convicted of rape in contravention of section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007.