Judge stresses women’s rights as rapist of stu­dent gets life

Weekend Post (South Africa) - - News - Devon Koen [email protected]­soblack­star.co.za

A woman’s right to with­hold con­sent to sex­ual in­ter­course is one vi­o­lated far too of­ten in this coun­try, a Port El­iz­a­beth judge said on Fri­day be­fore hand­ing down a life sen­tence to the man con­victed of the bru­tal rape of a stu­dent.

The man, who was con­victed ear­lier in No­vem­ber of the rape of a Nel­son Man­dela Uni- ver­sity stu­dent, was sen­tenced to life im­pris­on­ment and an ad­di­tional 35 years by the Port El­iz­a­beth High Court on Fri­day.

Hand­ing down sen­tence, act­ing judge Lee-Anne AhShene said although she took into con­sid­er­a­tion Mziyanda Yoyo's per­sonal cir­cum­stances prior to the Oc­to­ber 1 2016 at­tack, she had to take into ac­count the im­pact the at­tack had on the 25-year-old vic­tim.

"[The at­tack] was a bru­tal in­va­sion of her pri­vacy. A woman’s right to with­hold con­sent to sex­ual in­ter­course is one of the rights vi­o­lated far too of­ten in this coun­try," Ah-Shene said.

Last week, Yoyo, 32, was con­victed on charges of rape, at­tempted mur­der, as­sault and point­ing of any­thing which is likely to lead a per­son to be­lieve it is a firearm. He was ac­quit­ted on the charge of kid­nap­ping.

Yoyo's co-ac­cused, Mziyanda Kana, 31, was ac­quit­ted on all charges after Ah-Shene found the state had not proved his guilt be­yond rea­son­able doubt.

In her judg­ment, Ah-Shene said Yoyo had not been a cred­i­ble wit­ness, be­came ar­gu­men­ta­tive dur­ing cross-ex­am­i­na­tion and his ver­sion of events did not add up.

Both men were ac­quit­ted on the kid­nap­ping charge after AhShene found that the woman, who is not be­ing named as she is a vic­tim of a sex crime, had will­ingly ac­com­pa­nied Kana and Yoyo to a house in Walmer town­ship, where she al­legedly had con­sen­sual sex with Kana.

Yoyo threat­ened the woman with a gun and as­saulted her be­fore the woman, Yoyo, Kana and an­other per­son only iden­ti­fied as Ray­mond, got into a car and drove to Vic­to­ria Drive, where they pulled off on a gravel road.

Kana tes­ti­fied that he stayed in the car while the woman was lead to nearby bushes. There she was fur­ther as­saulted and raped be­fore one of the men threat­ened to shoot her, but the gun jammed. The woman was then beaten with a metal pole and left for dead.

She later made her way to Vic­to­ria Drive.

Con­flict­ing state­ments by the vic­tim led Ah-Shene to ques­tion the va­lid­ity of her claim that Kana had raped her.

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