Man found guilty of indecent assault instead of rape

19 May 2015 16:30pm
WINDHOEK, 19 MAY (NAMPA) - A Swakopmund resident who was accused of raping a minor child twice at the coastal town in April 2011, has been found guilty of indecent assault instead of rape.
Stefanus Hendrik Ruba Gariseb, 40, was initially charged with two counts of rape which were dealt with by the Windhoek High Court under the strict provisions of the Combating of Rape Act of 2000.
On the first count, the accused was found guilty of indecent assault instead of rape.
He was found not guilty on the second count of rape, and therefore acquitted as the State could not prove its case beyond reasonable doubt that Gariseb had actually raped the complainant, who was nine years old at the time.
“There is no prima facie sufficient evidence presented before court by the prosecution to prove this second count of rape. In the result, you (Gariseb) are not found guilty on this count. You are acquitted on this count,” said presiding High Court Judge Naomi Shivute as she handed down the judgment in the matter on Tuesday.
The incident occurred in Swakopmund’s Mondesa residential area.
Earlier reports carried by local English daily 'New Era' had it that Gariseb was arrested after the stepfather of the complainant walked into a room where he was allegedly having sexual intercourse with the child.
Upon this discovery, the complainant allegedly revealed that Gariseb had raped her several times before.
It is alleged that on the day of the rape, he went with the complainant to her school where he informed her teacher that he was her father and that the complainant was sick.
Gariseb then allegedly took her to the shack in which he stayed with the complainant’s mother and her boyfriend, and raped her.
He pleaded not guilty to the counts of rape at the start of his trial last year.
Vetu Uanivi is defending the accused on the instructions of the Justice Ministry's Directorate of Legal Aid.
State Advocate Cliff Lutibezi is appearing for the prosecution.