YACOOB J
vulnerability Ms F needed to rely, and did rely, on Mr van Wyk‘s protection and
trustworthiness as a policeman sufficiently to render her reliance reasonable. And we
must factor into the analysis the central fact that Ms F was 13 years old.
[173] I have come to the conclusion that taking full account of the fact that Ms F was
13 years old, she did not, in the circumstances of this case, place enough reliance on
Mr van Wyk‘s protection and trustworthiness as a policeman to warrant the
conclusion that the grounds for trust were reasonable in the circumstances. The fact
that Mr van Wyk was a policeman cannot in the circumstances be regarded as a
central factor in Ms F‘s decision to board the car on the second occasion. It was a
factor but not uppermost in her mind at the time. She probably on account of her age
and because of her desperate situation understandably but naively thought that despite
his earlier impropriety he would nevertheless take her home. But, in my view, the
major factor which, objectively speaking, contributed to that decision was her
desperate situation and incalculable fear. Her decision to get into the car cannot be
said to be unreasonable but nevertheless it cannot be said in the circumstances that the
fact that Mr van Wyk was a policeman played a sufficient role in her decision to
render her trust in him as a policeman reasonable.
[174] Ms F cannot be said to have had reasonable grounds to trust Mr van Wyk as a
policeman. On the contrary, she had compelling reason to distrust him.
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