Sloppy prosecution leads to acquittal in incest case

THE trial involving a young, mentally handicapped woman who claimed that she had been sexually abused by her father and twin brother ended in the Swakopmund Regional Court last week.

Magistrate Ben Myburgh found both men not guilty on two charges of rape each, saying that the State was not able to prove their guilt beyond a reasonable doubt. The Magistrate considered the testimony of the woman and other witnesses to be unreliable, contradicting and not credible.The disappearance of the rape kit, doctor’s report and some clothing left the State with less than a fighting chance.Magistrate Myburgh said: “The State desperately needed medical evidence but couldn’t produce any.The State was like someone with a gun, but no bullets.”He expressed his dismay with the way the investigation was conducted.The father (67) was arrested in November 2002 at a coastal town following allegations that he and his son (21) had been sexually abusing the woman since she was 13 years old.* As is customary with reporting on rape cases, the name of the complainant is not being revealed.In the interest of protecting the woman’s identity, the names of the two charged men and that of the town where the incidents were claimed to have taken place are also withheld.The Magistrate considered the testimony of the woman and other witnesses to be unreliable, contradicting and not credible.The disappearance of the rape kit, doctor’s report and some clothing left the State with less than a fighting chance.Magistrate Myburgh said: “The State desperately needed medical evidence but couldn’t produce any.The State was like someone with a gun, but no bullets.”He expressed his dismay with the way the investigation was conducted.The father (67) was arrested in November 2002 at a coastal town following allegations that he and his son (21) had been sexually abusing the woman since she was 13 years old.* As is customary with reporting on rape cases, the name of the complainant is not being revealed.In the interest of protecting the woman’s identity, the names of the two charged men and that of the town where the incidents were claimed to have taken place are also withheld.