Parents renounce proceedings in rape case

The Magistrates' Court said today that according to law, proceedings could not be continued against a slightly retarded man who had sex with a child and defiled another, since their parents had renounced the cases.

The accused was the uncle of the victims.

Evidence given to the court by the police showed that the parents had reported that one of the boys had started behaving strangely and he then revealed that he was having a sexual relationship with his uncle, who lived next door. The child also revealed that the uncle had also tried to have a sexual relationship with his younger brother.

The accused admitted to the police to having had sex with one of the boys as well as having performed lewd acts.

The court was told how the parents of the boys had suffered great stress over what had happened and the strange behaviour of their children. The children, however, suffered no lasting physical harm.

Psychologists confirmed that the accused suffered from 'moderate retardation' and received a disability pension. He had the mental age of a boy.

The court said there was no doubt that the accused had raped one of his nephews twice in a garden shed and defiled the other boy.

It also recognised that the accused had a mild mental subnormality.

The court observed that the parents of the boys had renounced the case just before it was put off for sentencing. It noted that there were instances where criminal proceedings could only continue upon the request of the injured parties.

It was clear that the accused had not held the boys against their will or used some sort of weapon. Nor had the cases been committed in a place which was accessible to the public.

This, therefore, was one of the cases where court action could only proceed at the request of the private party and the private party could withdraw the complaint.

The parents had withdrawn the case and, the court said, it therefore had no option but to declare the case closed.