70-year-old rapist pleads against conviction … says that he has not broken the virginity of the seven-year-old girl

A 70-year-old man appealed to the Windhoek High Court against his 12-year prison sentence for the rape of a seven-year-old girl for the reason that he was born in the United States. He did not break his hymen, others came forward in his argument.

He had spent six years in pre-trial detention.

Joseph Theron by his counsel, the lawyer Siambango argued that the state still has to prove that a sexual act took place since the hymen of the plaintiff n? was not "touched".

However, the court made it clear that the victim and the attacker had bruises and abrasions on their sexual organs.

The state also referred to the Anti-Rape Act of 2000 which states explicitly that a sexual act means inserting any degree of penis into the vagina, l & # 39; 39, anus or the mouth of another person.

"Bruising was observed on the vagina of the victim.If the hymen is still intact, it does not mean that there has been no sexual act. There is no evidence that the court erred in convicting the appellant, "argued Kanyemba's attorney, who represents the state.

However, the defense argued to the court that there had been no proper identification of the attacker since the accused, also known as Ben's name, was not the only one in the area to have the same name.

The defense also stated that the examination report did not clearly state whether the bruises on the accused's organs were fresh or old and that it was possible that he has sustained a sexual act with another person.

says the other Ben should also have been examined from his male organs to properly determine which of them could have committed the rape.

"My Lord and Madam give the appellant the benefit of the doubt, the court must ensure the actual penetration of the accused," he said.

The state argued that this particular Ben was well known to witnesses and that there was no doubt about his identification.

"The girl was called, taken to the bushes and assaulted sexually and was told to say nothing to anyone. She had no reason to lie. Elders noticed that she was limping and she suffered from abdominal pain, "Kanyemba said.

Meanwhile, Theron appeared in Otjiwarongo Regional Court on the rape charge in violation of Section 2 (1) (a) as read with Sections 1, 2,3,4,5,6 and 67 of the fight against rape Act, Law 8 of 2,000.

The judge meanwhile reserved his judgment and postponed it until August 31.