Background of the Case
Barend Booysen, a farm driver, was found guilty of two counts of rape by the Paarl Regional Court. He received a 10‑year prison sentence for each count, to be served at the same time.
What the Court Heard
The Complainant’s Story
The woman said she did not want to go to Hermanus with her cousin, but she agreed after her cousin urged her. Booysen was driving the car. After dropping off her cousin, they headed back to the farm. At Franschhoek Pass, Booysen stopped the car near a large rock, moved to the passenger seat, and stood behind her.
According to her, he grabbed the back of her neck, forced her into the driver’s seat, and raped her without a condom. She cried, screamed, and tried to fight him off. Afterwards he told her not to tell anyone and returned to his own seat.
A Second Incident
Before the car reached the farm, Booysen raped her a second time during the same trip. He then dropped her off at home.
What Happened Next
The next morning she told a friend about the assaults, and the friend helped her report the crimes to the police.
Booysen’s Defense
His Version of Events
Booysen testified that the sex was consensual. He said they had been drinking beer at Franschhoek Pass and that he had made advances to her before at work, which she had always rejected jokingly. He claimed he did not think it was wrong to ask for sex while they were drinking.
Medical Evidence
A doctor’s report (J88) found no drugs or alcohol in the woman’s system. The exam showed only a bruise on her right thigh and no injuries to the genital area.
The Judge’s Response
Acting Western Cape High Court Judge Phillipa Van Zyl rejected Booysen’s argument that a victim would be expected to flee a second time without knowing what would happen. She called that statement “regrettable” and warned it should not be repeated in similar cases.
She emphasized that the prosecution must prove guilt beyond a reasonable doubt, and she found the evidence sufficient to uphold the conviction.
Outcome and Appeal
In May 2023 Booysen was sentenced to 10 years in prison for each rape count, the sentences to run together. He appealed, claiming the trial court looked at the evidence in a fragmented way and did not treat his testimony carefully enough. The appeal judge upheld the original sentence, stating the state had met its burden of proof.
Why This Matters
The case highlights important issues:
- Consent must be clear and ongoing; past jokes or rejections do not imply permission.
- Victims may feel pressure not to speak up, especially when they fear disappointing family or friends.
- The court’s role is to weigh all evidence carefully and avoid language that could blame the survivor.
Conclusion
Barend Booysen’s claim of a mistaken accusation was rejected by the courts. The evidence, including the complainant’s detailed testimony and the lack of any credible alternative explanation, supported the conviction. He will continue serving his 10‑year prison sentence. The case serves as a reminder that consent is essential, that survivors deserve to be heard without judgment, and that the justice system must handle such sensitive matters with care and respect.
