Sleeping Elvis guilty of rape

A RAPE suspect who was overcome by sleep at the scene of his alleged crime was found guilty as charged in the Windhoek Regional Court on Friday.

For Elvis Kheibeb, it was a matter of to sleep, perchance to be arrested, charged and prosecuted after the events that took place at Okahandja during the early morning hours of October 7 2008.Kheibeb, then 27 years old, was accused of having raped a 39-year-old woman in the area of Five Rand Camp at Okahandja that night.He pleaded not guilty to a charge of rape during his trial before Windhoek Regional Court Magistrate Sarel Jacobs, claiming that because of drunkenness he could not remember what had happened that night.According to the complainant in the matter, she was walking home from a shebeen when she heard someone behind her.The person attacked her, hitting her with his fists and kicking her, and he then dragged her into the veld, she testified during Kheibeb’s trial.She said the attacker, who was also armed with a knife, overpowered her and raped her.Apparently satisfied with the result of his deed and exhausted after a hard day’s night, the assailant rolled over and fell asleep after he had raped her, the complainant told the court.She then picked up his knife and left, going to the Police to report the incident.When the Police arrived back at the scene, they found Kheibeb there.The Police found him fast asleep, with his trousers lying next to him, and proceeded to take photographs of him, the magistrate heard.These photos are part of the evidence before the court.During his trial, Kheibeb claimed he had been drunk that evening, and that the complainant had been supposed to escort him to his uncle’s house. He also claimed that the complainant had made sexual advances towards him, but that he could not remember if that led to anything more or not.The magistrate found Kheibeb’s version to have been improbable.Noting that the complainant had been injured in the incident, he said that would not have been expected if she and Kheibeb had a consensual encounter, as claimed by him.Kheibeb is due to be sentenced on July 26.He is being kept in custody.Public Prosecutor Cliff Lutibezi is representing the State in his trial.