6
Cape Town with her. This trip was sanctioned by her male family members.
They travelled from the Eastern Cape to Cape Town by taxi and after their
arrival, resided with the appellant’s brother and his wife in their shared home
in Phillippi. During the period in which the complainant resided with the
appellant in Cape Town, he would leave each morning to seek employment
while she was required to remain behind and attend to household chores.
[11]
Sexual intercourse took place between them on various occasions (the
complainant maintained that there were seven such occasions within a matter
of a few days after their arrival in Cape Town, all of which were against her
will). Within the same period the appellant and complainant argued. During
one of their arguments the complainant sustained an open wound to her leg. It
was shortly thereafter that the complainant fled from the appellant on 2 March
2010. On the same date she reported the events to the police, who took her to
be examined by a doctor on 3 March 2010.
[12]
At issue in the trial were the following:
12.1
Whether the complainant travelled willingly with the appellant from the
Eastern Cape to Cape Town, and remained in Cape Town willingly with
him until she fled, or whether she was trafficked to Cape Town by the
appellant for purposes of exploitation or abuse of a sexual nature;