Couple facing sex charges over girl, 13, released on warning
A PINETOWN Magistrate – in releasing on warning a Malvern couple alleged to have sexually violated a 13-year-old – yesterday said the court had considered their personal circumstances as well as delays in obtaining statements from the complainant.
The couple, in custody since August, are alleged to have let the girl drink alcohol, smoke dagga, watch porn, exposed certain body parts to her, touched her private parts, and had sex in front of her allegedly inviting her to join them.
In their bail application, the 26-year-old man and 39-year-old woman indicated that their intended plea was that of not guilty, and implored the court to release them considering the time they had spent behind bars and that they were unemployed and could not afford bail.
The couple had been unable to apply for bail since their arrest in August as they scrambled to find an alternative address where they would be housed on agreement. Armed with an alternative address where the occupants had agreed to house them, the couple was released on warning yesterday.
Magistrate Wendalynn Robinson said the two had discharged the onus upon them to show the court that the interests of justice permitted their release and also having considered that they could not afford bail.
She warned the two to relocate from Malvern to their alternative address and remain there until the finalisation of the matter.
“You are not to contact the complainant or her family … If you do not return to court in December, a warrant of arrest will be authorised for you and when it is executed you will be kept in custody until the matter is finalised.”
The other condition of their release was that they sign in at a local police station twice a week.
The State said the child had gone to the couple’s home for a sleepover while her mother was away. The pair are friends with the child’s mother.
The due face charges of compelling or causing children to witness sexual offences, sexual acts or self-masturbation and exposure, or display of or causing exposure or display of genitals or female breasts.
It is alleged that on August 6 in Malvern the man unlawfully and intentionally caused a child to look at his penis and had sexual intercourse in the child’s presence, and invited the child to join in.
It is alleged that the couple also forced the child to drink alcohol and smoke dagga.
The State alleges that both the accused unlawfully and intentionally expose the girl to pornographic videos.
When the two appeared for a bail application in August following their arrest, the State said that occupants of the alternative address provided by the accused had indicated that they were unable to house them.
The pair also face a charge of sexual assault with the man allegedly violating the 13-year-old girl by touching her legs and trying to kiss her, and the woman allegedly having touched the girl’s private parts.
In their bail bid, the couple said in an affidavit that they were unemployed but did casual work; the woman said she sometimes worked as a car guard.
“The charges against me are false and fabricated … Should the court find it in the interests of justice to release me on bail, then I humbly beg the court to release me on warning as I have been in custody since my arrest and I have nobody to assist me to pay bail,” said the woman.