DJS and rape accuser in fresh legal battle
Rape accuser sues the DJS after they opened a criminal case against her
DJ Fresh and Euphonik’s rape accuser filed a defamation lawsuit against them at the Joburg High Court last week. The duo has also opened a criminal case of defamation against her at Sunnyside police station in Pretoria a forthnight ago, claiming that she falsely accused them of rape.
In court papers, which Sunday World has seen, the woman, who cannot be named for legal reasons, has also lodged a complaint against the police for “leaking” her statement to the media.
She explained that on April 9, the duo’s lawyers requested a meeting with her lawyer indicating that the pair had instructions to pursue a perjury and defamation case against her, but were willing to settle.
“This meeting was conducted without prejudice – this means attending this meeting cannot be used against me. What would be of interest to you is what really transpired in that meeting.
“Their settlement proposal involves me retracting my statement of accusing them of rape in exchange for them making a contribution towards gender-based violence activities.
“However, this trial by the media is starting to feel like having attended this meeting is indeed and unequivocally being used against me. I reject that with the contempt that this deserves,” said the woman.
In another twist, the two DJS have also opened a case of perjury and defamation against the woman at the Sunnyside police station in Pretoria. Gauteng police spokesperson Kay Makhubela confirmed the two have laid a charge with the police, but said it was not perjury and defamation but crimen injuria against the woman.
“A case of crimen injuria was opened and is under investigation. There are no other details that can be provided other than that no suspect is arrested yet,” said Makhubela. The police statement reads that the woman lied under oath and that her statement was proven false by a court of law.
But she was adamant that together with her legal team, they will leave no stone unturned.
“Lodging a complaint with the police is an indication of the various avenues we are taking to further the allegations. We are awaiting the police’s investigation on the matter,” said the woman.
She also mentioned that the court matter was not about monetary compensation, but accountability.
“[It is about] acknowledging that we live in a culture that is overly permissive of rape, a culture that does not fully understand the trauma of rape. Justice is about the criminal language of sexual violence that places importance on perpetrators of such acts.
“I do not know the reasons advanced by the NPA [National Prosecuting Authority] for declining to prosecute. A complaint has been lodged against the SAPS on this matter.”
It has also come to Sunday World’s attention that the witness whom the woman claimed was with her on the day of the alleged incident had signed a sworn statement stating that she was in fact not with her and this was partly the reason why the case against the DJS was dismissed.
But the woman says she was not aware of such a statement. “I would be better placed to respond to this question if I had full view of her assertions. What is troubling though is the leaking of information by law-enforcement representatives whose protection I should be find
What is troubling is the leak of information
ing comfort in.” Court papers reveal that she seeks an apology from Euphonik and a retraction for his “defamatory” tweets and for allegedly creating a “fake” Whatsapp.
The Whatsapp she referred to was the one Euphonik posted on his Twitter feed in which it seems that the rape survivor was allegedly confessing to have lied. “The tweet by the first respondent was defamatory; a reasonable person of ordinary intelligence understood the tweet to mean that I am dishonest, unscrupulous and lacking in integrity. This was intended to lower my reputation.”
DJ Fresh said he stood by his initial statement, noting he would comment once the matter is settled. Euphonik did not respond.