Man Released From Prison After Being Accused Of Sexual Assault That He Supposedly Didn’t Commit. The apprehension for sexual assault ended Osiphesona Ngcanga’s career as an assistant lecturer for law at the Nelson Mandela University, he was also a maritime law master’s student.
A man from Mdantsane was apprehended for eight years for a sexual assault action has been released at the St Alban’s Prison in Port Elizabeth. He was released two years after being in imprisoned for a sexual assault case, which he didn’t commit. The apprehension for sexual assault ended Osiphesona Ngcanga’s career as an assistant lecturer for law at the Nelson Mandela University, he was also a maritime law master’s student.
The 27-year-old man was found guilty by the Port Elizabeth magistrate Nolitha Bara for sexually assaulting a drunk and unconscious student at a 21st birthday on February 11 2017 at Kabega Park in Port Elizabeth. On January 2014, the Judges in the Makhanda High Court, judges Buyiswa Majiki and Sunil Rugunanan both upheld his appeal and reversed Nolitha Bara’s judgement. The two judges discovered that the magistrate had used a supposedly misdirected approach. The judges state that the law was precise about consent being absent if a person is unconscious, sleeping or intoxicated to the point of the victim’s judgement being seriously impacted.
They state that no evidence was given to show that the victim’s judgement or consciousness was seriously affected by the mix of vodka and Coke and the four glasses of wine that she drank. “Given that it was the complainant’s own evidence that this quantity of alcohol was not excessive, I think the mere consumption falls far short of proof beyond reasonable doubt that there was a diminution or impairment of her faculties in a sense that the sensibilities were either dulled or that she had an exurbant or over-optimistic frame of mind which caused her to take risks,” says Judge Sunil Rugunanan. The man told ‘DispatchLive’ that he wanted to register at the Nelson mandela University to finish his master’s degree.
by Alexandra Ramaite