Down syndrome rape trial on hold

A PSYCHOLOGIST’S report is still outstanding in the State’s investigation into the alleged rape of a woman with Down syndrome.

The man, 47, charged with the alleged rape appeared in the Pinetown Magistrate’s Court where the matter was adjourned to December for the victim to be interviewed for the report.

He is out on R3 000 bail and is accused of having raped his 33-yearold neighbour on more than one occasion. The accused is said to have jumped over their fence and entered the victim’s yard while she was in the lounge sitting on the sofa watching TV.

It is alleged that the accused would come in, take out a condom from his pocket, remove his clothes and then his neighbour’s and rape her, after which he would take the condom and walk out.

After this alleged incident in July, it was established from the victim that the alleged rape had occurred on more than one occasion.

In court on Monday, State prosecutor N Xulu said no psychologist had been available to carry out the interview and compile the report at R K Khan.

The investigating officer had gone to the hospital to check on the report when he learnt about this, she said.

“The State asks for an adjournment for the regional prosecutor to guide on investigations and obtaining the psychologist’s report.”

After the matter was adjourned to December 7, another rape case was dealt with where it had been previously established that the accused was unfit to stand trial.

He is alleged to have attacked a woman known to him by stabbing her in both hands and raping her.

Last year the victim was in her home when she was attacked by the accused. He is said to have held her by the neck with his hand and pushed her to the floor, stabbed both her hands, tore off her clothes with the knife, and then raped her.

It is alleged that the accused put his hand over her mouth to stop her from screaming.

The accused was arrested after the victim pointed him out to police after he had been apprehended by the community for allegedly breaking into the home of another female and trying to rape her.

When the 24-year-old last appeared in August a mental assessment report from RK Khan Hospital confirmed that the accused was not fit to stand trial. The matter was adjourned for paperwork to be prepared to have him admitted at Fort Napier for further psychiatric assessment.

On Monday in court, Xulu said the matter was on the roll for the accused to be taken to Fort Napier for assessment.

Magistrate Wendalynn Robinson adjourned the matter to December 8 with the hope that the man’s psychologist observation would be completed by then.