A father from Eerste River is heartbroken after he was denied custody of his three-year-old daughter, who was allegedly raped by her ouma’s husband in February.
The 31-year-old dad was devastated outside the Blue Downs Magistrates’ Court on Tuesday where his ex-girlfriend, who had allegedly been raped by the same man, retained custody of his little girl.
A case of rape was opened after the child told her father of her ordeal in February.
She was sent to hospital where doctors confirmed she had been raped and police arrested her ouma’s55-year-old husband on a charge of rape.
However in July, the National Prosecuting Authority said they could not prosecute after social workers determined that she would not be able to testify as she was too young and there was no physical evidence to implicate the accused.
Spokesman for the NPA, Eric Ntabazalila, said: “The State withdrew the matter against the accused and the recommendation is that the complainant be referred for counselling and thereafter the State [will] decide on the matter again.”
The father says the girl’s mother and ouma had moved away from the alleged suspect, but still stayed close to his house further down the road.
He then approached social services to say the man still had access to his child.
“I do not understand it. He raped my child and even her mother said that she was a victim of this man for many years, but said nothing because he is their breadwinner.”
The father will now approach the NPA for help, hoping they would re-evaluate the decision to prosecute.