S v Zuma (JPV325/05 , JPV325/05) [2006] ZAGPHC 45; [2006] 3 All SA 8 (W); 2006 (7) BCLR 790 (W); 2006 (2) SACR 191 (W) (8 May 2006)

S v Zuma (JPV325/05 , JPV325/05) [2006] ZAGPHC 45; [2006] 3 All SA 8 (W); 2006 (7) BCLR 790 (W); 2006 (2) SACR 191 (W) (8 May 2006)

The court found that the complainant's evidence was not reliable and that her version of events was contradicted by her own conduct, the evidence of other witnesses, and her history of making false rape allegations. The complainant was a strong, assertive person, not the meek and submissive victim portrayed. The accused's version of consensual intercourse in his bedroom was accepted as reasonably possibly true, supported by the probabilities and corroborated by other evidence. The complainant's psychological response (freezing) was not established by reliable expert evidence, and her refusal to undergo a full psychological assessment undermined the State's case. The State failed to prove...

Citation
[2006] ZAGPHC 45
Parties
Accused: Jacob Gedleyihlekisa Zuma; Respondent: The State
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
8 May 2006
Case Number
JPV 2005/0325
Procedural Posture
Criminal Trial / Final Judgment After Full Trial
Outcome
The accused is found not guilty and discharged.
Judges
Van der Merwe
Legal Topics
Rape, Consent, Mens Rea, Sexual History Evidence, Onus of Proof, Similar Fact Evidence
Criminal Law Rape Consent Mens Rea Sexual History Evidence Onus of Proof Similar Fact Evidence

Case Brief

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Parties

Jacob Gedleyihlekisa Zuma

Accused

The State

Respondent

Procedural Posture

Criminal Trial / Final Judgment After Full Trial

Legal Issues

  1. 1 Whether the accused intentionally had sexual intercourse with the complainant without her consent, constituting rape.
  2. 2 Whether the complainant's past sexual history and previous allegations of rape are relevant and admissible to the issue of consent and credibility.
  3. 3 Whether the complainant's psychological response (freezing) during the alleged incident is consistent with rape or with consensual intercourse.

Ratio Decidendi

The court found that the complainant's evidence was not reliable and that her version of events was contradicted by her own conduct, the evidence of other witnesses, and her history of making false rape allegations. The complainant was a strong, assertive person, not the meek and submissive victim portrayed. The accused's version of consensual intercourse in his bedroom was accepted as reasonably possibly true, supported by the probabilities and corroborated by other evidence. The complainant's psychological response (freezing) was not established by reliable expert evidence, and her refusal to undergo a full psychological assessment undermined the State's case. The State failed to prove...

Court Disposition

The accused is found not guilty and discharged.

Orders

  • The order of court, exhibit 'B', is amended to prohibit publication of the complainant's name and photograph without written permission from her and the Director of Public Prosecutions for the Witwatersrand Local Division.
  • The kanga, exhibit '1', may be handed back to the complainant.