Lesley was sexually assaulted by her brother in her and her fiancé’s home in Glenwood. Her fiancé was less than a meter away from them when it happened and helped remove Elton from their premises. Elton arrived at Lesley’s home on Friday the 13th of may unannounced but sober. This was a real delight, as she had not seen him since Christmas time last year and very rarely had seen him sober. The 3 sat outside, and ate dinner. Elton made a remark about being horny; Lesley’s fiancé felt uncomfortable and excused herself to continue working in the lounge. Lesley and Elton sat outside and continued to catch up. They laughed; they joked and had a good time. Later on, around 10pm Lesley walked a very drunk and emotional Elton to the lounge and tried to get him to go to sleep. He was emotional because Lesley and Elton were talking about their mother who had passed away. Elton was crying and stumbling and Lesley thought it best that he sleep it off. Lesley pulled the futon in the lounge down, and Elton flopped down on to the futon. He asked Lesley to stay with him until he fell asleep. Lesley stayed with her brother. From there, Elton sexually assaulted his sister, Lesley. . Lesley Obviously upset slapped Elton and restrained him. Lesley and her fiancé both pushed him out of their house. After talking, Lesley and her fiancé decided to go to the police station to report Elton. They went to Umbilo police station to report Elton, before entering the police station Lesley’s fiancé asked 2 police officers to drive after him (They live in Oregon road; the police station is literally less than 2 minutes away) Lesley’s fiancé explained very briefly what happened and told them that he had walked down stranick road, explaining what he was wearing and where they last saw him. The police men did not follow Elton. Lesley and her fiancé went inside and tried to report what had happened to an inspector. He looked very uninterested and after about 15minutes of being interrogated and practically begging him to go look for Elton, he agreed. Lesley, the inspector and a constable went in the police van and Lesley’s fiancé walked back towards their home to look down stranick road to see if she could find him, as the police van went down towards Umbilo road. Lesley’s fiancé returned back to the police station, and waited for Lesley and the policemen to return. They returned and Lesley said the police men said that they should come back the next day to report their case. They decided to go looking for Elton their selves, walking down stranick road they came across the same police men. The inspector reiterated that they should come back in the morning as Lesley had had 2 drinks and he was her brother and she might change her mind. Lesley was adamant and the police followed them to their house to fill in the docket. Upon entering Lesley’s home, the inspector made comments about their home and their sexuality. He belittled them both, and ignorantly stated that Lesley’s fiancé was Lesley's boyfriend. (Both Lesley and her fiancé are female and are engaged to one another) He was determined to sway Lesley from opening a case. Lesley and her fiancé then asked to speak to a lady to fill in the docket as we felt that the case as sensitive and He was less then understanding. They went back to the police station, were a lady constable filled in the docket. Returning home at about midnight. Lesley called the police to tell them that Elton was seen busking outside the bat center. The detectives fetched Lesley from her work place and she went with them to arrest Elton. Lesley was then asked to keep Elton's personal effects as she was the only next of kin they could get hold of. Lesley and her fiancé are friends with a police officer, and in august, asked her to check up on the case. She informed Lesley’s fiancé that Elton was out on bail, and that he was to appear in court on the 23rd. Lesley asked if her and her fiancé could have their subpoena The commissioner said they'd get them delivered to them. On the 17th a detective called Lesley’s fiancé to say he would be coming through to give them their subpoenas. He never arrived. Lesley contacted them numerous times and eventually they received their subpoena on the 22nd of august to appear in court on the 23rd of august. Lesley and her fiancé arrived at court at 8:00am. Elton arrived at court (wearing baggies, a t-shirt, flip flops, a cap and a button up t-shirt) Lesley and her fiancé were both briefed by the state appointed lawyer. The case was going straight to trial. At 2:30pm the trial started. Lesley made her statement and was cross examined over and over again. She had to physically show the court what Elton did and was interrogated by her lawyer, Elton's lawyer and the judge. Her fiancé was called to the stand next. She was cross examined, the court questioned Lesley's sobriety and Elton’s sobriety. Lesley’s fiancé doesn't drink and was in a clear frame of mind to judge both. Lesley had 2 drinks (southern comfort) and Elton had 3 quarts of black label and a few southern comforts. Lesley’s fiancé stated that Lesley was not drunk, and that Elton was. She also stated that being drunk does not excuse his behavior and his actions. He knew that Lesley was his sister the whole time. Elton then took the stand. He made his statement, he stated that Lesley’s fiancé was not present when it happened, he stated that Lesley and her fiancé both were drinking, and that he was embarrassed about his actions, and wanted to apologize to his sister but was too embarrassed to confront her. (Admitting that he had sexually assaulted her to the court, and the judge) He also lied about having a fiancé, and stated in court: "I’ve never slept next to any one other then my ex and my fiancé since I left home, I thought I was lying next to my fiancé, and I was dreaming of my fiancé" When the judge asked what he was dreaming about, Elton retorted: "I was dreaming that I was touching my fiancé", the judge asked where were you touching her Elton replied, "Her vagina" The judge asked- straight for the vagina, to which Elton replied yes. Elton admitted he assaulted his sister, but pleaded drunk and asleep and mistaken identity. Elton does not have a fiancé, and was not in a relationship at the time. The judge closed and told Elton to return on the Thursday. Lesley’s fiancé called the lawyer and he said that Elton was found not guilty. And has returned to busking outside the bat centre again This is really unsettling, Lesley and her fiancé both can't understand why if he stated that he assaulted his sister that he was found not guilty Since reporting what happened the victim has been prosecuted by those who are supposed to protect us. I hope that others step forward and are as brave as Lesley was. Unfortunately the result has left me asking if there's justice in South Africa... or is it just us.
|Crime Category:||Sexual Assault|
|Crime Date/Time:||13 May 2011, 00:05 AM|
|Reported Date:||7 Sep 2011, 14:09 PM|