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Western Cape rape accused cop says it was consensual

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The Independent Police Investigative Directorate (IPID) is investigating the matter.
The Independent Police Investigative Directorate (IPID) is investigating the matter.

When you think of a police officer you think of an individual that serves and protects the community. 

That’s what police promise to do in their oath of office when they start their jobs. But now, a Citrusdal police officer has been charged with rape and attempted rape.

Independent Police Investigative Directorate (Ipid) investigating officer, Masixole Nzanzana, told the court the victim’s husband laid a complaint of common assault on behalf of his wife on 29 February 2024.

“In the early hours of 1 March 2024, the accused arrested the victim and took her to the Citrusdal Police Station where he locked her up in a holding cell. He later visited her holding cell alone, unlocked the cell gate, entered the victim’s holding cell, grabbed her by her hair, pressed her against the wall, forcefully pulled down her pants and raped her,” the court heard.

He then turned her around and attempted to rape her from the front, but she fought him off preventing him from raping her a second time.

She reported the incident to police who were on his shift, but they allegedly did not take her complaints seriously.

She then reported what happened to her to police officers who started the morning shift. He was arrested and charged with rape and attempted rape.

Acting-Control Public Prosecutor, Bradford Newman argued about the seriousness of the offences, the propensity of the accused to commit schedule one offence, the likelihood, if released on bail, of the accused to commit other schedule one offences, the threat of intimidation of state witnesses including but not limited to the victim and that the release of the accused would impair the faith of the public in the justice system.

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He further argued that the accused was linked to the offences through video footage of the cameras placed above the holding cell doors where he is seen entering and exiting the complainant’s holding cell alone during the time the alleged offences occurred.

There was DNA evidence that still needed to be analysed, which he was convinced would link the accused to the offences he was charged with.

The State also led evidence of the accused committing acts of sexual offences against his female colleagues. The State presented evidence of the accused making false arrests to make sexual advances against the partners of the arrested men whilst they were in custody.

The State argued the court can consider any evidence of the accused’s disposition to commit a schedule one offence, even if no criminal cases were made in respect of the complainants.

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In his application, the accused, through an affidavit, argued that he and the victim had consensual sex on the afternoon of 29 February 2024 and that that evening, his shift started. He claimed that he visited the victim’s holding cell to take her picture for her bail profile, but when he entered, she demanded that he release her. He refused and he claimed that she told him if he did not release her, she will say he raped her.

The accused does not dispute, that he went into the victim’s holding cell alone at the time of the commissioning of the offences, does not dispute he is linked via the video footage, and he does not dispute his semen was found on the blanket inside the holding cell of the victim.

His case was remanded for further investigation and DNA analysis until 14 May 2024. He remains in custody.

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