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OpenSouth African Man Without A Penis Accused Of Rape, Awarded R800 000 In Damages By Court
South Africa’s Police Minister has been ordered by a court to pay a man R800 000 in damages after he was wrongfully arrested on a charge of raping a neighbour’s child, despite the man having no penis, which had been severed when he was 12 years old.
As reported by IOL, the man, who is not identified to protect his dignity, turned to the KwaZulu Natal High Court in Pietermaritzburg to claim damages for his unlawful arrest and detention.
He had spent 54 days in a filthy cell before the national prosecuting authority withdrew the charges against him.
While the court turned down his claim for malicious prosecution against the NPA, reasoning that the charge was withdrawn before the prosecution proceeded, it was noted that the investigating officer was aware the man had no genitals. Despite this, the 26-year-old man remained in jail.
The claimant told the court that on March 26, 2020, he was unlawfully arrested by Ezakheni police at his home in Ladysmith, KZN, on a charge of rape. He appeared in court four days later and was denied bail.
Initially held at the local police station’s holding cells, he was transferred to Ladysmith Correctional Centre until his release on May 18, 2020, when the charge was withdrawn.
The police defended the damages claim with a bare denial of the facts, apart from acknowledging his arrest. However, when the matter went to trial, the SAPS did not present their case.
The claimant reported that after his arrest, he was kept in a tiny cell with a non-flushing toilet due to lack of water, and the cell was so crowded he had to sleep on a blanket on the floor.
Although he was accused of rape, he did not inform the SAPS at the time that he could not commit the act as he does not have a penis.
During his first court appearance, his father informed the investigating officer that his son had been kidnapped in Soweto in 2013 and his genitals had been emasculated.
The investigating officer neither investigated this claim nor informed the prosecution, keeping silent instead.
Only after nearly two months in jail did a doctor confirm that the man had no genitals, leading to the withdrawal of the charge.
The court, in assessing the amount of damages to be awarded, noted that while not much evidence was presented about the filthy conditions in the holding cell, it is undisputed that South African prisons are severely overcrowded, causing inhumane conditions for prisoners.
The court criticized the investigating officer’s neglect to confirm that the man was incapable of committing the offence and to inform the prosecution. This led to his unlawful detention.
The court accepted that he did not commit the rape and noted he never received an apology or an explanation from the police. The police did not appear in court to explain themselves.
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