The defendant was charged with 3 counts of Trafficking in Persons and 5 counts of Rape. It was alleged that the defendant recruited the victim by means of coercion, deception, abuse of power or of a position of vulnerability with the intent to sexually exploit her. It was also alleged that the defendant coerced the victim to commit sexual acts with various men.
In May 2012, the defendant approached the victim at Okahenge village and told the victim that she should leave school because the defendant got a job for her in Okahandja. The victim is an orphan, but her mother was the half-sister of the defendant’s mother. The victim believed the defendant and agreed to travel Okahandja. The defendant gave the victim N$200 for travel expenses which was to be repaid once the victim starts working.
When the victim arrived at the Okahandja service station, the defendant fetched her and brought her to the farm where the defendant was staying and where the victim was supposed to work. The defendant then told the victim that there was no job for her, but a man called Johnny paid for her travel and she must live with him. The defendant threatened the victim that if she does not stay with Johnny, she must find another place to stay. The defendant also threatened and forced the victim to have sex with Johnny. The victim stayed with Johnny for two and a half months during which he had sexual intercourse with the victim nightly. Within that period, Johnny gave the defendant 10kg of sugar and meat.
After a misunderstanding between Johnny and the victim, the defendant told the victim to leave Johnny. The victim stayed with the defendant who promised to find her a job. After one month, the defendant told the victim to stay with another man, Phillip, who gave the defendant carrots and meat. Phillip attempted to have sexual intercourse with the victim, but the victim ran back to the defendant’s place. A few days later, the defendant threw the victim out of her place and forced her to stay in the place of another man named Nico. Nico told the victim that she was now his wife but he will not give her money because he is giving it to the defendant. Nico had sexual intercourse with the victim several times.
Namibia3 counts of Trafficking in Persons
(Counts 1, 4, 6)Section 15 of the POCA: Any person who participates in or who aids and abets the trafficking in persons, as contemplated in Annex II of the Convention, in Namibia or across the border to and from foreign countries commits an offence and is liable to a fine not exceeding N$1 000 000 or to imprisonment for a period not exceeding 50 years.
Section 1 of the POCA defines Trafficking in Persons as:
The recruitment, transfer, harbouring or receipt of persons by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation and includes any attempt, participation or organising of any of these actions. Exploitation includes, at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.
*source: Sherloc database
Section 2(1)(b) of the CORA:
Any person (in this Act referred to as a perpetrator) who intentionally under coercive circumstances causes another person to commit a sexual act with the perpetrator or with a third person, shall be guilty of the offence of rape.
Sections 1, 2(2), 3, 5, 6 and 18 of the CORA:
1: Definitions
2(2): Coercive Circumstances
3: Penalties
5: Abolition of cautionary rule relating to offences of a sexual or indecent nature
6: Evidence of previous consistent statements
18: Insertion of section 227A in Act 51 of 1977
*source: Namibia Legal Information Institute https://namiblii.org/akn/na/act/2000/8
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Section 2(1)(b) of the CORA: Any person (in this Act referred to as a perpetrator) who intentionally under coercive circumstances causes another person to commit a sexual act with the perpetrator or with a third person, shall be guilty of the offence of rape.
Sections 1, 2(2), 3, 5, 6 and 18 of the CORA: 1: Definitions 2(2): Coercive Circumstances 3: Penalties 5: Abolition of cautionary rule relating to offences of a sexual or indecent nature 6: Evidence of previous consistent statements 18: Insertion of section 227A in Act 51 of 1977
*source: Namibia Legal Information Institute https://namiblii.org/akn/na/act/2000/8
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Section 2(1)(b) of the CORA:
Any person (in this Act referred to as a perpetrator) who intentionally under coercive circumstances causes another person to commit a sexual act with the perpetrator or with a third person, shall be guilty of the offence of rape.
Section 18(1) of the Riotous Assemblies Act:
Any person who attempts to commit any offence against a statute or a statutory regulation shall be guilty of an offence and, if no punishment is expressly provided thereby for such an attempt, be liable on conviction to the punishment to which a person convicted of actually committing that offence would be liable.
*source: Namibia Legal Information Institute
Section 2(1)(b) of the CORA:
Any person (in this Act referred to as a perpetrator) who intentionally under coercive circumstances causes another person to commit a sexual act with the perpetrator or with a third person, shall be guilty of the offence of rape.
Section 2(1)(b) of the CORA:
Any person (in this Act referred to as a perpetrator) who intentionally under coercive circumstances causes another person to commit a sexual act with the perpetrator or with a third person, shall be guilty of the offence of rape.
S 94 of the CPA: Where it is alleged that an accused on divers occasions during any period committed an offence in respect of any particular person the accused may be charged in one charge with the commission of that offence on divers occasions during the stated period.
High Court of Namibia Main Division
The Court made explicit reference to the UN Convention Against Transnational Organised Crime and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children in interpreting and applying the law to the case, particularly in paragraphs [57] and [58].