Cape Town - Forty years after nobody believed her as a child, a 52-year-old rape survivor has been vindicated as the Mitchell’s Plain Regional Court convicted her 69-year-old uncle for the crime.
Bernard Da Fraetas was arrested last year during a tracing operation, when his niece broke her silence on the alleged sex attacks.
She took the stand in court after learning that he was working as a school staff transport driver.
She also lodged a civil claim against her uncle for R1million in damages for the psychological trauma of being exposed to porn at the age of 12 years old.
According to the summons issued by the Western Cape High Court, the sexual assaults date back to the 1980s when Da Fraetas worked for the victim’s father.
“I was about 12 and in Standard 5 (Grade 7) in the period between 1984 and 1985. He worked for my father and would do the deliveries.
“He would come to the house and make me watch porn with him and he would masturbate,” she said.
In court papers, she alleged that Da Fraetas would lay her down on her parents’ bed and force her to watch as he ejaculated, while grooming her on how to masturbate.
A rape case was registered at Mitchell’s Plain SAPS and another relative who was only five years old came forward.
Da Fraetas made his first appearance in court in September last year and was granted R1 000 bail as his trial was set for July.
The victim said they returned to court last week where the magistrate convicted him after hearing the testimonies of the victims.
“He pleaded not guilty and myself and my sister were placed on the stand.
“He also took the stand in his own defence and the magistrate noted that he kept lying.
“I went at it and told him to tell the truth.
“I told the court how he destroyed my life and how nobody believed me.
“I finally feel vindicated because the magistrate saw through the lies.
“He was convicted for rape, indecent assault and grooming of a minor.
“Many people thought I wouldn’t win because after so long there was no DNA or medical evidence but the State prosecutor was excellent and for me I finally felt relieved that finally someone believed me because my family shrugged it off when I told them as a child. I am now done with them.”
National Prosecuting Authority (NPA) spokesperson, Eric Ntabazalila, confirmed the conviction and said sentencing proceedings will start on January 23.
Advocate Bronwin Pithey of the Women’s Legal Centre said the conviction is a victory for rape victims.
Speaking to the Cape Argus, she explained the successful Constitutional Court challenge of the time limits on prosecution of sexual offences have opened up opportunities for sexual assault victims to get justice regardless of how far back the offence date.
She elaborates that perpetrators under the new amendments can be prosecuted for sexual crimes, including and other than rape, when the case is older than 20 years.
“In cases like this many victims feel that if there is no corroborating evidence such as medical evidence they won’t be believed. It is encouraging to see a Regional Magistrate could hand down a conviction by listening and scrutinising oral evidence and weighing it up.
“This shows that if women are believed they can get a conviction and the NPA should be applauded for prosecuting a case of this nature as very often if there is no corroborating evidence they decline to prosecute.”
“She must be applauded for her courage and having faith in the justice system. The only way to tackle the outrageously high rate of sexual violence in this country is to ensure that we have a justice system that shows perpetrators that they will be caught, prosecuted and convicted,” Pithey said.