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Convicted attempted rapist sues victim for assault, accusing her of beating him up

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A woman is facing criminal charges after the man who is serving an eight-year sentence for attempting to rape her filed a counter-charge.

File picture: African News Agency (ANA)

CAPE TOWN – A woman is facing criminal charges after the man who is serving an eight-year sentence for attempting to rape her filed a counter-charge, accusing her of beating him up.

The woman, 35, appeared in the Mitchells Plain Magistrate’s Court for assault after she and her sister allegedly attacked Vincent Japhta, 37, who was convicted and sentenced last year for attempting to rape her.

Japhta said that on May 19, 2019, the woman invited him to her home to confront him about the rape accusations. He said after they exchanged words, she then proceeded to kick him, and was joined by her sister and another unknown woman, as they all had a hand in assaulting him.

He further said that the woman hit him with a beer bottle, dragged him around the house and then submerged his head in toilet water.

The woman’s lawyer, Prabashni Subrayan-Naidoo, put it to Japhta that the only reason he had brought the charges of assault against his victim was in order to use it as a collateral to dissuade her from laying a rape charge against him.

“As much as you’ve shown this court you suffered trauma, there is a victim who stands as an accused who has suffered trauma, whose healing has not yet begun because she still has to come to court,” Subrayan-Naidoo said.

In response, Japhta said she was not the only one who had suffered, that he and his family too had suffered.

Following the proceedings, the woman said she had tried to move on from the matter but being dragged to court was frustrating.

“I still blame myself because it was irresponsible but it’s not illegal to be drunk, fully clothed and going to your bed.”

It was proved in court that in May 2019 Japhta attempted to rape the woman when she found him on top of her after she had gone to bed. Japhta was an acquaintance and was at her home for a party but was not personally invited.

She said she’s been going for counselling, being active in assisting victim support and trying to help even close family members to change their thinking about women and sexual offences.

“Older people have this mindset that if your dress is short or you look inappropriate, you’re asking to be raped, so I’m having to change that mindset.”

She said she wouldn’t forget the day she was arrested.

“He threatened me… When the police came to my house to arrest me on August 3, they brought him to my house. I said ‘you’re bringing the rapist back to the house’ and they were confused, so I told them ‘that guy raped me, I laid a charge against him’.

“He laid the charge to threaten me, he used the system to threaten me.”

The woman said she was told that she would lose the case and end up with a criminal record and that she needed to drop the charges because she would go through so much trauma.

“He still does not show any remorse, it’s all about ‘me, me, me’ and that is what the magistrate told him. I’ve got a lot of anger but this has taught me that while I’m focusing on this one thing, there (are so many) people that I can help,” she said.

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