Durban — The State said there was no DNA required in the case against a 35-year-old man charged with the alleged rape of his 6-year-old child.
The man who appeared on Monday at the Pinetown Magistrate’s Court via audio visual remand from Westville Prison remains behind bars after having abandoned his bail application last year.
According to the State, the child victim was also assaulted with grievous bodily harm caused.
In court the State Prosecutor Nomcebo Xulu said that the matter was on the roll for further investigations.
“The forensic social worker's report was still outstanding, there was communication received from the forensic social worker’s office seeking clarity as far as the kind of report that was supposed to be prepared.
“I ask for an adjournment to refer the docket to the Regional Court prosecutor for guidance. In terms of investigations a J88 has been prepared and filed, no DNA is required for this case, I ask that matter be adjourned for the forensic social worker’s report to be filed,” she said.
In adjourning the matter to March, Magistrate Wendalynn Robinson told the Dassenhoek father that “the victim needs to be interviewed by a social worker and a report needs to be given”.
Department of Social Development spokesperson in KZN Mhlaba Memela described the alleged rape of the child as a very unfortunate incident.
“It's very shocking that in our communities, we still have people who prey on children and rape them. Such people don't deserve to be among communities. They need to be sentenced and kept in prison for the longest time. We also want to urge parents to always ensure that their children are safe at all times. There are people who can not be left with children.”
He said that the department has been advocating that people accused of such cases should be sent to jail and their names put in the registers of sexual offenders and ensure that nothing will associate them with children in the future.
“Our courts must not even entertain any bail applications for such people.”
Joan Van Niekerk, formerly with Childline and now an independent Children’s Rights Advocate, said the case was particularly concerning because a 6-year-old had absolutely no power in order to protect herself.
“The fact that it was a complex assault both sexual and physical makes it particularly concerning. One really does hope that this child is having some form of therapy to assist her to deal with the results of this complex form of abuse.”
She said when it came to abuse it also begged the question of constant supervision of children.
“In this case, the person who was supposed to be protecting the child is the one person who abused her and so, it is concerning that self-protection and protection by another from this form of abuse did not occur.”
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