Windhoek
A 20-year-old man who allegedly raped a 21-year-old woman when he entered her room on Saturday at around 01h00 at Kapps Farm informal settlement to the east of Windhoek was denied bail on Monday when he appeared before the Windhoek Magistrate’s Court.
The woman was apparently under the influence of alcohol when the man entered her room. They then had intercourse, as the victim allegedly thought it was her boyfriend in bed with her. “She felt somebody on top of her and thought it was her boyfriend,” Inspector Slogan Matheus of the Police Public Relations Division told the media on Sunday.
After a short while the woman’s boyfriend entered the room and the suspect hid under the bed. The alleged victim apparently only realised then that the suspect was not her boyfriend, by which time he had already absconded.
Clarifying why legally a case of such nature could be considered rape, Matheus explained on Wednesday that it is important to note that intoxication may affect the capacity of person to give informed consent. However, the degree of intoxication is an important factor.
“A person involved or participating in a sexual act needs to understand and appreciate the nature of the act and the consequences thereof,” he said. Therefore, no struggle does not indicate that the act was consensual. Mere submission is not enough. Active consent is necessary, he explained. “More relevant to that, according to the law, where there was an error as to the identity of the person participating in the act, it nullifies consent. Hence, an error in persona made by the victim will negate consent.” He further said the allegations in this matter are that there was no attempt whatsoever from the accused person to obtain consent.
Morino Haoseb, 20, was denied bail and remanded in custody. Magistrate Celma Ndapewa Amadhila presided over the case while Erastus Hatutale prosecuted.