A 32-year-old man from Mpheni in the Elim area appeared before the Hlanganani Regional Court held in Waterval in connection with charges of assault with intent to do grievous bodily harm and rape, on Monday, 3 September.
Erick Mukwevho allegedly assaulted and raped a 19-year-old woman between 23 and 25 January 2011 at his home in Mpheni village. It was testified in court that the accused had lacerated the complainant's back with a belt and then fractured her finger with a rock. However, Mukwevho denied having caused the woman a finger fracture, but admitted that he had used a belt to punish her for not being at home. Mukwevho's witness, on the other hand, testified that the accused had only used his open hand to smack the complainant twice on the back.
It emerged during the trial that Mukwevho and the complainant were lovers and that she would normally travel all the way from Giyani to visit the accused in Elim. During the alleged physical assault and rape, she had arrived to the accused's home on 14 December 2010, and stayed with him up until 25 January 2012. The complainant, however, testified that she was assaulted from the 22nd up until the 25th of January 2012.
Mukwevho was arrested early on the morning of 25 January 2012, after the SAPS had acted on information supplied by community members. The SAPS official testified that he had found a woman crying in the house, who then said she had been beaten and raped anally by the accused.
The defence for the accused argued at length and indicated that the woman had been manipulated by the police to lay an additional charge of rape against the accused. He stated that the two had had consensual sex after the fight, when they had reconciled. Mukwevho had since pleaded guilty to a charge of assault.
The state prosecutor, however, countered the defence's argument. He emphasised that it was evident that the complainant had loved the accused, and that was the reason for her travelling all the way from Giyani to Mpheni to visit him. "The victim was assaulted, raped and then assaulted again," he said. "How could one do that to someone they love? When the police arrived, they found her crying."
The case was postponed to 12 October for judgement. The accused is out on bail.