Incest accused blames pregnancy on complainant

Home National Incest accused blames pregnancy on complainant
Incest accused blames pregnancy on complainant

A Windhoek resident accused of raping his biological daughter several times and forcing her to abort the foetus after making her pregnant, has blamed the pregnancy on the complainant.

During cross-examination by State Advocate Palmer Khumalo, the man, who may not be identified to protect the identity of the alleged victim,told the court that he could think of only one occasion where the girl, who was 15 years old at the time, could have become pregnant. 

According to him, this was during October 2012 when they were in Ondjiva in Angola. He said he met up with an old flame of his, and they spent the night together. The next morning, he was supposed to take her to the airport to catch a flight back to Luanda, but he overslept due to fatigue and alcohol. 

His daughter then took the woman to the airport, and when she returned, she allegedly got into bed with him naked. The man further said when he woke up later that morning and realised the girl was naked in his bed, he became angry and scolded her. 

He further said he could not remember anything that happened that evening, apart from him and the ex-girlfriend having intercourse, after which he fell into a dead sleep. 

He, however, later told Windhoek High Court Judge Claudia Claasen that he vaguely remembers “something sexual” happening between him and the complainant, but swore it was the only time something like that happened between them. He vehemently denied that he ever raped his daughter despite the girl’s accusations. DNA results on the aborted foetus showed that the accused was the father.

Further, he said, he blames the allegations on the complainant’s mother and aunt, who “hate” him. He will not be surprised if it was them who instigated the girl to lay these “baseless” allegations against him. 

The man further said the girl’s mother and aunt plied her with alcoholic drinks and drugs, and whenever he picked her up, she already had a “package” containing drinks.

 The accused is currently on warning on the rape case after the magistrate’s court struck his matter from the roll for a lack of the prosecutor general’s (PG) decision.

The State, however, later re-summoned him after the PG decided he must stand trial in the High Court. 

The man pleaded not guilty to several counts of rape, incest, sodomy and inducement of abortion before Claasen at the start of his trial. He is facing two counts of rape, alternatively incest, three counts of child trafficking, and two counts of assault by threat.

The State is alleging that the accused repeatedly raped his biological daughter, impregnated her, and then forced her to induce an abortion. The abortion allegedly took place when the victim accompanied her father on one of his numerous trips to Angola between 2010 and 2011.

The alleged rapes were also perpetrated while the victim accompanied the accused on the trips, and once during a family holiday in Swakopmund. 

The judge dismissed a Section 174 application by the accused to be released after the close of the State’s case, saying he has a case to answer. He is currently represented by Joseph Andreas on a private instruction, and is on bail.

– rrouth@nepc.com.na