Tuesday, 3 March 2009

Rape victim forced to kiss penis

02/03/2009 21:05 - (SA)

Durban - One of four men accused of raping 22-year-old Durban resident Jessica Foord had forced her to kiss his penis, indictments filed at the Durban High Court said.

The four men, aged between 18 and 26, appeared in the packed court for the start of the trial on Monday but the matter was postponed until Tuesday.

"... the accused did unlawfully and intentionally sexually violate the complainant... by one of the accused forcing her to kiss his penis without her consent," court papers read.

Exactly one year ago, Foord and her father Tim were walking their dogs at the Polo Pony Dam in Hillcrest when five men confronted them at gun and knife point.

Father tied to a tree

Foord was repeatedly raped by four of the men while her father was tied to a tree by the fifth assailant who kept guard.

The helpless father was then forced to watch his daughter being gang-raped.

Jewellery and other items were then stolen from the pair.

The gang fled in Tim's Isuzu bakkie and were later apprehended by police.

The incident made national news and prompted a huge public outcry by the Hillcrest community.

Protesters appeared at previous court appearances demanding that justice be served and bail be opposed.

High school supporters

On Monday, a group of uniformed high school children was seen holding candles in support of Foord.

Dozens more, including the family of the accused, packed the court gallery to listen to proceedings.

The fifth accused, who was a minor, was found guilty of rape and robbery with aggravating circumstances last year and sentenced to 17 years in prison of which part of the sentence would be spent at a juvenile facility.

The indictment papers on Monday stated that the remaining four, whose names cannot be released, were charged with robbery with aggravating circumstances, rape and sexual assault "in pursuance of a common purpose".

Although one of the five had held Tim Foord back and had not physically raped Foord, the state alleged that all five had acted in pursuance of a common purpose to commit the offences.

16 witnesses to appear

"They kept watch during the rape and sexual assault, they remained at or in the vicinity where the rape and sexual assault was being perpetrated, they prevented any resistance by the complainant against the rape and sexual assault, and they prevented any escape by the complainant from their co-assailants," the papers read.

By preventing anyone from interfering during the offence by the co-assailants, "it enabled the rape and sexual assault to be perpetrated".

The four accused were on Monday represented by individual defence attorneys with Judge Vivienne Niles-Duner presiding over the matter.

Sixteen witnesses were expected to come forward during the trial which is due to end on March 13.

These included the victim, her father, a district surgeon and 13 police officers.

- SAPA

Source:News24
http://www.news24.com/News24/South_Africa/News/0,,2-7-1442_2478595,00.html

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