Johannesburg – A woman who recalls accepting a drink from a man, and then waking up some time later, covered only in a towel, in her own car, has approached AfriForum to help her reopen a complaint of being drugged and raped.
Commenting on the matter on Friday, 15 August 2025, AfriForum’s Private Prosecution Unit said it was forced to intervene in “yet another case in which a woman was allegedly drugged and raped, and the case was closed without being properly investigated”.
The unit said: “The woman recalls accepting a drink from the suspect, and then waking up some time later covered only in a towel in her own car”.
The incident happened in August 2022.
Despite immediately reporting the incident to the police and providing the necessary medical evidence, the case was closed within weeks.
The complainant only found out that her case had been closed when the accused informed the court during a separate application for a protection order against him.
In a meeting with a prosecutor, the complainant was informed that the accused would not be prosecuted because she didn’t have evidence to refute his version of events.
The rape accused is a well-known and wealthy investment broker based in Bryanston.
“This fact also appears to have influenced the prosecutor’s decision not to proceed with the case, telling the victim that a civil case may be brought against him if he proceeds with the prosecution of the suspect,” the unit said.
In a letter to the National Prosecuting Authority (NPA), Advocate Gerrie Nel, Head of the AfriForum Private Prosecution Unit, said the rape survivor described her treatment by the prosecutor as dehumanising.
“This is the second matter in so many weeks where the criminal justice system’s inability to deal with issues of gender-based violence, where the perpetrator has intercourse with a victim who is incapable of giving consent, despite the circumstantial evidence before and after the incident, is exposed,” said Advocate Nel.
“The complainant was not only failed by the criminal justice system, but her treatment by the prosecutor and, to an extent, the investigators, highlights the inability and/or unwillingness by the state to deal with the reality that women are drugged or abused when under the influence of an intoxicating substance.”
Barry Bateman, Spokesperson for the unit, said this matter was another example of the state’s lip service in addressing GBV.
“This is the second such case the Private Prosecution Unit has handled in the last month, and it reveals a troubling pattern in which the police unquestionably accept the version provided by a rape accused when the victim is unable to recall what happened,” said Bateman.
“Such cases necessitate a thorough investigation and proper interrogation of the evidence to ensure that rapists who drug their victims or take advantage of intoxicated victims are prosecuted and convicted.
“This case also highlights the poor treatment that victims of GBV receive from police and prosecutors.
“The Private Prosecution Unit expects criminal justice officials to treat all victims of crime with dignity and compassion, and to keep them up to date on any developments in their cases.
“The unit will continue to ensure that this happens.”
Ironically, the matter came to light in Women’s Month.
