The controversial pastor, Timothy Omotoso’s trial – currently under way in the Port Elizabeth High Court has dominated headlines and social media this week, as the first witness Cheryl Zondi was cross-examined.
An emotional Cheryl Zondi alleges that Omotoso started to sexually groom her, since she was 14 years old.
The trial has sparked debate about the treatment of rape or sexual assault victims during trials, with some saying it highlights the reasons why many victims are afraid to come forward.
Cheryl Zondi has been described as a fearless, confident and a brave young woman by many who are inspired by her fighting spirit in court.
Social media platforms have also played a role in bringing about awareness around the controversial case of Nigerian Pastor Timothy Omotoso and rape in general.
Zondi is claiming Omotoso molested her at the age of 14. She has been sharing how inevitable this memory has been in her life, trying to hold back tears during her cross examination. She has faced a numerous graphic questions from defence attorney Peter Daubermann.
Many victims claim the process of cross examination is not easy. The blame constantly points back to the sexually assaulted victims.
Sade Africaner was raped by two men when she was 18. They have been sentenced to 15 years. She says reliving the event through the trial was and continues to be a challenge for her.
Rape Crisis Centre board member, Kempie Van Rooyen says the healing process is personal and a lonely journey that drives victims into a number of emotional breakdowns. She details the hardships that victims experience, during the process of healing.
“If a person is faced with something that reminds them of what happened, they have very strong emotional reaction, not just emotional reactions by physchological reactions, some times flash back and those type od things,so that will also add a different layer when it actually goes to court.”
According to Statistics, released by Stats SA this year, the rape of South African women is among the highest in the world. The number of women who experienced sexual offences increased by 53% from 2015. But even more shocking is the decrease in the number of reported cases.
Another survivor Alison Botha says that better support systems are needed for victims.
“”I remember my feeling was I don’t want to hide my face, because the message that is going to show is that I’m ashamed of what has happened; and I wasn’t ashamed because I had not done anything wrong. She might be in the same, but however I hope that she has been getting counselling.
“…I think that victims should be told the implications before making those decisions. She seemed brave, I was brave, but what about those little girls who don’t want to be there in the first place. I really think more should be done because we are almost discouraging victims from coming forward”.
Although cross examination is the constitutional right of the accused, and is protected by the Constitutional Act and Criminal Procedure Act, experts say it must be done in a way that doesn’t violate the rights of the witness.
During the proceedings, Judge Mandela Makaula is seen and heard practising this procedure in court. The Judge reprimands Daubermann for his line of questioning.
Advocate Linda Le Roux says witnesses need to be treated with respect at all times.
“This is not just an open right for them. They can’t just do whatever they want to, there are limitations to it. So they need to treat the witness at all times with respect, address them appropriately, look at the tone of voice so that they don’t be harsh, bullying them, harassing them and the court is the one that will make sure is done correctly, professionally in such a way that it tests the evidence but doesn’t personally break down the person – so that’s not the idea.”
Rape victims have also called for more support groups for victims post trial to avoid post-traumatic stress.
-Olwethu Mbane
