The case against a well-known surf instructor accused of allegedly raping female tourists who stayed at his Airbnb hit a snag when the case once again had to be postponed to the end of November as his co-accused is being treated at an undisclosed facility.
The surf instructor was arrested in June 2022 after a woman from the USA, who was staying in South Africa for a few months, laid the first charge against him. Since then four other women also opened cases against him.
The second accused in the matter was arrested approximately one year later. Reliable sources confirmed the second suspect was reportedly implicated only in one incident. The surf instructor from Hermanus was released on bail of R1 000 a few days after his arrest.
Other newspapers have identified the surf instructor, but South African law states that a person accused of a sexual assault or rape cannot be identified in the media or on social media until the accused has pleaded to the charges.
This typically happens during the pre-trial hearing, a special court session, held before the trial commences, to assess whether the prosecution (state prosecutor) and defence (the accused’s legal representative) are prepared to proceed before a trial date is set.
The incidents of rape and sexual assault reportedly occurred between 2014 and 2022 when the women, who were all international tourists travelling alone, stayed over at the Airbnb in Hermanus.
The fact that the women were all from other countries complicated the case as South African law requires victims to be in the country when reporting a case.
The breakthrough came when a young American woman who stayed in South Africa for a few months, laid a charge against the surf instructor, which led to his arrest on 6 June 2022.
This opened the door for the other women to be added to the case as co-complainants, after authorities had contacted them virtually to take their statements and sworn affidavits.
Concerns
Whether the women will be able to testify from the different corners of the world or come to South Africa to testify during the trial still remains unclear.
Rozanne Sack, co-founder of the non-profit organisation Koleinu SA, which has been assisting the complainants, said the fact that the case has dragged on since 2022 was extremely traumatic for the women as they hadn’t managed to get justice and closure.
“It feels like forever. The investigation has been finalised and the docket is complete, and now we are waiting for the trial date to be set.”
One complainant, who currently lives in Portugal, said although she was grateful for the progress being made in the case she remained worried and distressed that the accused’s name had not yet been revealed, allowing him to continue operating his business and possibly targeting more unsuspecting women.
This concern was echoed by Sack and Rebbetzin Wendy Hendler, who co-founded the NPO with her.
“The biggest problem with sexual-abuse cases in South Africa is that the accused cannot be named until he has pleaded in court. This allowes the accused to carry on with his life, business, everything. It is an indictment on our justice system because women are still at risk,” Sack said.
There have also been reports from various sources indicating that the accused was registered with at least one dating app under the name “James”.Three different sources stated they reported the accused’s activities to accommodation booking platforms.
They claimed “he manages to slip through under false names” and also deleted his social media profiles regularly and created new ones under different names.
Nina (not her real name), one of the complainants in the case, said she had recently been alerted to a Facebook post by a woman from Hermanus, in which she claimed that the surf instructor had been harassing her.
“He knows who one of the girls is who laid a complaint and we believe he created a fake profile to badmouth and bully her.”
Nina was filled with apprehension about testifying and possibly also being targeted by her alleged rapist.
“When I testify he will find out who I am. What if he’s not found guilty and gets out?”
Sack and Hendler said they were ready to assist the complainants, who would “have to revisit their trauma” when they testify during the trial. They were, however, positive the case would have a favourable outcome.
“We have five cases where the same modus operandi was reportedly followed, so I don’t see any way he can get off scot-free,” Hendler said..
