Wednesday, August 06, 2008

Sex between strangers

Here's a true story my friend Anita Kleinsmidt kindly forwarded to me... enjoy

Was it rape or was it not? That was the question the Pretoria High
Court had to deal with.

But as it turned out, it was in fact a case of mistaken identity, says a report in The Star. The 'victim' is a Pretoria woman in her 20s. The man had received a 10-year jail sentence for the one night of passion he had with her, but the High Court intervened and acquitted him of any wrong-doing. About three years ago a man in a car asked the woman for her telephone number. Without looking at him, she gave him her number and walked on. This was the start of a phone relationship. They eventually agreed to meet and the man, known as Jacky, arranged to pick up his new love. She in turn - without knowing what Jacky looked like as they had never met - waited for him at the restaurant with her overnight bag in tow. It emerged during the trial in the Pretoria Magistrates' Court that a man walked towards her and hugged her. She testified that they later had repeated sex that night and when she switched on her phone the next morning, she discovered a message from the 'real Jacky'. Kenneth Vilakazi (30) was subsequently arrested and later convicted for the rape in the lower court. He received a 10-year jail sentence, but turned to the High Court to appeal his conviction.

Vilakazi maintained that they had consensual sex. The woman said he was not the man she thought he was. She claimed he misrepresented himself to her, but the court disagreed. Judge Cathy Satchwell and Acting Judge JC Labuschagne found that the 'victim' had made the
mistake herself. The court found that they were all strangers and it was a case of one stranger having sex with another stranger.

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