By Asemahle Vumsindo and Luvuyo Mjekula
A 22-year-old Rhodes University student allegedly raped by two men last year, relived the incident in the Makhanda High Court this week.
Two men have been charged with raping the student in Makhanda on 16 March last year. The state says they acted in the furtherance of a common purpose or conspiracy.
The two – 19-year-old Zephanic Lushaan Martins from Kirkwood and 21-year-old Antonio Angelo Rudman from Gqeberha – allegedly drove her to a remote area near Settlers Monument where they took turns raping her.
This after she became separated from her friends and decided to walk back to a friend’s residence alone.
The two have pleaded not guilty.
The trial is in its second week and proceedings had to be halted at one point this week after the complainant became unwell during cross-examination.
She appeared weak, struggled to breathe, and was assisted from the witness stand before Judge Sunil Rugunanan postponed the case so she could be taken to see a doctor.
This week, the student recounted the night of the alleged rape.
She said she became separated from her friends while on a night out and started walking alone towards campus.
A man in a car guard vest took her phone and wallet, claiming he would keep them safe for her.
Two men came in a car – she was not sure it was grey or white.
The passenger (Rudman) asked if everything was okay. After telling him what was going on, he stepped out and took the phone and wallet from the man and offered the complainant a ride while also sitting in the back of the car with her.
The two men asked where she was heading to and she told them she was going to Steve Biko. She said, “At that point, I felt a bit calmer, not safe, but I was relieved I was going to Steve Biko.”
During the drive, she felt drowsy from alcohol and “zoned out” and said she also felt the drive was taking too long as Steve Biko is not far from where they were.
Rudman put his arm around her, kissed her on the cheek and later the lips. They stopped at Settlers Monument, where he allegedly forced her to remove her underwear and to lie on her back, saying, “I know you want this.”
Both men spoke in Afrikaans and laughed, she said.
“I felt like my body was shutting down.”
She said screaming would have been pointless since it was only her and the two men in the area.
She said the driver (Martins) later joined in, saying: “I see you guys are having fun without me, I also want some.”
Despite repeatedly asking to leave, she eventually complied, under duress, she told the court.
They then drove her toward campus, where Rudman allegedly tried to persuade her to go with him to his place. She refused and walked away from him, but later collapsed.
The two defence advocates, Marius van Zyl and Chris Mzamo, have been cross-examining the student this week. Van Zyl challenged her account, putting to her that according to Martins, the complainant had voluntarily engaged in sexual activity, including instructing Rudman to perform sexual acts.
The complainant denied these claims.
She testified that the accused touched her without her consent.
Advocate Jan Engelbrecht appears for the state in the matter.
The trial was postponed until 24 November for further evidence.
