The defence council presiding over a case of rape and trafficking had a field day yesterday in the Windhoek High Court when the doctor who did the examination on the 19-year-old victim gave testimony that contradicted medical findings.
The ongoing case features an Okahandja resident, Tuufilwa Ndawina Jonas, (32) who is facing four counts of rape, one count of attempted rape, and three charges of trafficking in persons in connection with a school girl from the Okahandja district farms who was allegedly scammed into becoming a sexual victim at the mercy of two men.
Standing before the court yesterday, Doctor Ester Gideon, a general practitioner at Oshakati Hospital said she examined the victim in 2013 when the alleged rape occurred in 2012 but did not see any evidence.
However, she said that this does not rule out that the girl was raped and went on to say her hymen had been broken and she was on family planning.
Standing for the defendant, lawyer, Milton Engelbrecht, launched his attack saying the best way evidence could have been collected would have been 72 hours after the act and not months later.
He went on to challenge the doctor’s speculation that the victim was raped, saying the fact that her hymen was broken does not prove that she was a victim of rape.
The blunder on the part of the doctor got exposed in court when she disputed the fact that a woman’s hymen can be broken by other means other than sexual penetration.
Findings are such that although some sports like horse-riding or use of tampons do not necessarily break but stretch the hymen, yet injuries such as falling on a sharp object in a pool, bathtub, or a water slide, or a water skiing accident may break it.
According to her, only sex can break the hymen while Engelbrecht put it to her that the victim could have suffered injuries and he questioned why it took her so long to be examined.
The doctor was also found wanting when she testified that the victim’s family planning was being necessitated by injection yet, according to Engelbrecht, she testified in court that she had moved away from injections to other means.
The doctor has experience as a general practitioner that dates back to 1994 until recent and received her training in Cuba.
In spite of citing that the victim was raped, she told the court that she had no scars, wounds or lacerations saying, “Everything was normal,” yet in spite of the absence of evidence she said rape could have occurred.
She also said the pregnancy test done came out negative saying, “Everything was normal,” yet, “We could not exclude that the lady was raped,” she said.