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Man Freed From Prison After High Court Rules Ex-Wife’s Rape Allegation Was False

Man Freed From Prison After High Court Rules Ex-Wife’s Rape Allegation Was False

A man identified only as PS has been released from prison after the North West High Court overturned his conviction for kidnapping, intimidation, and rape. The court found that he was falsely accused by his ex-wife, who had fabricated the rape claim.

PS was initially sentenced to ten years in prison by the Regional Court in Potchefstroom. At the time of the alleged incident, he and his ex-wife were separated and living in their parents’ homes.

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She had invited him to a traditional feast at her family’s residence and later asked him to drop off guests using her car.

During the last drop-off, the couple was alone. PS attempted to discuss reconciling their marriage, but his ex-wife refused, stating she had moved on with another partner. Court records show that this led to an argument which the wife later described as involving intimidation, kidnapping, and rape.

Medical Evidence and Contradictory Testimonies Raise Doubts

After reporting the alleged incident to her mother, the woman went to the police, but medical examinations revealed no visible injuries or gynecological abnormalities. While a nurse noted a vaginal discharge, no blood or trauma was found.

Despite this, the magistrate who presided over the original case ruled that the woman was an honest witness “with no motive to falsely implicate her husband.”

Evidence from PS’s sister—who discovered a message on the ex-wife’s phone stating her intention to lay a false charge—was dismissed because of her family ties and alleged bias against the wife.

Judge Ronald Hendricks, who handled the appeal, found multiple inconsistencies in the woman’s and her mother’s testimonies. The victim never told her mother there was blood on her underwear, yet her mother claimed to have seen it. Medical records also did not support this claim.

Man Freed From Prison After High Court Rules Ex-Wife’s Rape Allegation Was False - SurgeZirc SA
Judge Hendricks criticised the trial court for ignoring key evidence.

Judge Finds Accusation “Highly Questionable”

Judge Hendricks criticised the trial court for ignoring key evidence, noting that the woman’s claim of being bound and gagged was unsupported by medical findings. He questioned why she did not escape when she had opportunities to do so.

“Having regard to the evidence as a whole and considering the probabilities and improbabilities in the evidence tendered, I am of the view that the State did not prove the guilt of the appellant beyond a reasonable doubt,” Judge Hendricks said.

He added that the cellphone message and contradictions in the testimonies strengthened the probability that this was a false charge of rape. The conviction was set aside, and the judge ordered PS’s immediate release.


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