Windhoek
Three young men accused of gang-raping a complainant they were drinking with denied raping her and instead claimed she consented to the sexual intercourse.
Victum Gomeb (32), Elvis Gau-Goab and Harry Patrick Bowe told Judge Alfred Siboleka yesterday they deny each and every allegation on the charge sheet and put it to the State to prove the charges.
The three men face three charges of rape each.
It is alleged they took turns to rape the complainant on May 13, 2010, in Khorixas.
According to the charge sheet, they were together with the complainant at a popular bar in Khorixas and when the complainant wanted to leave Gomeb allegedly grabbed her and dragged her to a nearby church where he undressed her with the help of his co-accused and raped her.
It is further alleged that after Gomeb was finished, he and Bowe pinned the complainant down to allow Gau-Goab to take his turn and thereafter Bowe took his turn with the assistance of his accomplices.
One rape count constitutes the actual deed while the other two counts constitute their facilitating for the other by being there physically to intimidate the complainant or while the complainant was affected by intoxicating liquor and was mentally incapacitated.
One of the State witnesses, who was part of the group at the bar, informed the court that they were drinking heavily.
She said they were consuming brandy and were washing it down with beer.
Benita Eases, who said that she is the sister of Gomeb, told the court she, the three accused and the complainant went to the bar together where they imbibed and danced.
She told the judge that they consumed copious amounts of alcohol, but she could not say how many beers they drunk.
At some stage, she said, the complainant went to relieve herself and Gau-Goab went with her.
After a while, Bowe came and told her that Gau-Goab and the complainant left together but that something happened.
She further testified that while on their way to the scene of the incident they met Bowe’s elder brother with his vehicle and they instead went with him to another bar where she was dropped off.
In his plea explanation, Gau-Goab admitted to having consensual sex with the complainant.
He said during the sexual intercourse the complainant requested him to stop and he did and that it was while he was busy pulling up his pants that the police arrested him.
He further stated that neither Gomeb nor Bowe were present when he and the complainant engaged in sex and denied that physical force was used to intimidate the complainant.
Gomeb is represented by Monty Karuaihe and Gau-Goab by Milton Engelbrecht both on instructions from Legal Aid while Bowe is represented by Johan van Vuuren on instruction of Legal Shield.
The case continues and all three accused are out on bail.
Advocate Jackson Kuutondokwa appears on behalf of the State.