WINDHOEK - Two brothers accused of raping a nine-year old girl on various occasions in the DRC settlement of Swakopmund denied all charges against them when their trial started in the Windhoek High Court last week.
The brothers, aged 32 and 28, respectively may not be named to protect of the identity of the victim who is currently 12 years old.
The trial has taken place in camera for three days while the young victim testified.
According to the indictment, during the course of 2015 and 2016 the elder brother, being the boyfriend of the mother of the girl, on various occasions had sexual intercourse with her at the house he shared with the victim and her mother, while the mother was not there.
During 2016, the indictment reads, the younger brother at three separate occasions while visiting his elder brother, sexually violated the pre-teen and that she was able to describe these occasions in detail. It is further said that the victim eventually disclosed the happenings to her aunt who in turn told the mother and they together alerted the police.
The elder brother is facing four counts of rape alternatively contravening the Combating of Immoral Practices Act 21 of 1980 – committing or attempting to commit a sexual act with a child under the age of 16 years.
According to information received from a source within the trial, the young girl while testifying in the victim friendly court through a TV screen was an open and upfront witness and gave well detailed accounts of what happened to her.
It was further revealed that while the doctor that examined the girl after the alleged rapes was reported testified that the girl’s hymen was intact, he could not rule out that penetration did take place.
The doctor testified that he did find clefts in her privates which could be an indication that there was some measure of penetration.
The brothers did not give a plea explanation and indicated that their defense will become apparent during the trial.
The matter has been postponed to September 16 and both accused remain in custody at the Windhoek Correctional Facility’s section for trial awaiting inmates.
They are represented by Jan Wessels and Ileni Gebhardt respectively while the prosecution is represented by State Advocate Ian Malumani.