20
would tell them. According to the argument he must have done that to protect someone who was
anyway not suspected of anything by anybody. It is much more likely that he told the uncle the truth.
Moreover, the whole B family, except possibly A, was clearly sympathetic towards the appellant and
did not create the impression of trying to have an innocent man convicted.’
[46]
Faced with the competing versions of the complainant and the appellant, the
regional magistrate, and thereafter the High Court, concluded that the appellant’s
version, when viewed against the totality of the evidence adduced, as well as against
the inherent probabilities, was false. Each of these courts correctly adopted a holistic
approach to the evidence and I am not persuaded that either court misdirected itself on
the evidence before it, nor that its conclusion was wrong.
[47]
It follows from the above that the appellant’s appeal against his convictions on
the first four counts must fail.
Application in terms of s 322(1)(b) of the Criminal Procedure Act 51 of 1977
[48]
Before this Court, the respondent applied for an amendment, in terms of
s 322(1)(b) of the Criminal Procedure Act 51 of 1977, of the appellant’s convictions
on ten counts of contravening s 14(1)(b) of Act 23 of 1957 to 10 convictions of
indecent assault and also, should this application be successful, for an increase in the
sentences imposed on the appellant by the regional court and confirmed by the high
court. The gist of the argument advanced by counsel for the state was that, right from
the start, the power relationship between the appellant and the complainant was totally
unequal because of the complainant’s age in relation to that of the appellant (who was
nearly 28 years older than the complainant) and the relationship of friendship and trust
that existed between the appellant and the B family. With reference to each count,
counsel attempted to illustrate that, although the complainant may have appeared to
have consented to the sexual act in question, this was not voluntary consent. Counsel
relied in this regard on the evidence of the clinical psychologist who had treated both
the complainant and A after Mr and Mrs B had become aware of what had happened.
The psychologist testified that a child who becomes sexually involved with an adult in
this manner is traumatised and, from the outset, is in the position of a victim. As such,
the child is paralysed and one of the common reactions is that the child ‘disassociates’
and places an emotional distance between himself or herself and the adult. Where the
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières