7
12.2
Whether sexual intercourse took place on at least three occasions; and
if so, if this was with the complainant’s consent (her age would only
become relevant for purposes of a conviction on statutory rape if it was
found that she had consented – although she was 14 years old, the
appellant claimed that she told him that she was 16 years old); and
12.3
Whether the injury that she sustained to her leg was caused by the
appellant.
[13]
It should be noted that, although the complainant testified about seven rapes,
all of which occurred after her arrival in Cape Town, the appellant was only
charged with three rapes. Furthermore, on his own version, sexual intercourse
occurred on two occasions. According to the appellant, sexual intercourse
took place once before they left the Eastern Cape and once after their arrival
in Cape Town. This is also relevant when considering the conviction on the
human trafficking count.
The evidence in the court a quo
[14]
The state adduced the evidence of four witnesses, namely the complainant,
her mother, the police reservist who had taken her statement and Dr Narula
who had examined her on 3 March 2010. The appellant (who had exercised
his right to make no admissions at the outset or to provide an explanation for
his plea of not guilty) testified in his own defence. He called two witnesses,