Kabelo Masoabi
THE Leribe Magistrate’s Court has ordered a comprehensive medical evaluation for Nyoepe Thoo, a resident of Peka, who stands accused of raping a woman with a mental impairment.
Thoo allegedly sexually assaulted the 30-year-old woman on 15 October 2022 at Ha Sehletsi, Peka.
The fifth witness in the trial, Itumeleng Rabanyane, testified this past week that she caught Thoo in the act of raping her sister inside a shack at their homestead.
Ms Rabanyane told the court that the victim, who is mentally impaired, had been left alone when the incident occurred.
“As I approached our yard, I heard my sister crying from the shack. I looked through a hole and saw the accused on top of her,” Ms Rabanyane said.
“I immediately entered and confronted him before he could flee. I then called for help, and together with my parents, we reported the matter to the police.”
It was then Thoo’s turn to take the stand in his defence.
Prosecutor, Advocate Tlali Motsamai, had been prepared to present compelling arguments to establish Thoo’s guilt in this serious matter.
However, concerns arose after Thoo gave inconsistent answers during cross-examination about the incident and his relationship with the complainant.
Magistrate Bokang Makhaketso concurred with Advocate Motsamai’s recommendation that Thoo should undergo a mental health assessment.
There were suspicions that he may be suffering from a congenital condition that could affect his ability to understand the court proceedings or participate meaningfully in his defence.
For instance, when the prosecutor asked whether he understood that it was illegal to engage in sexual relations with a person who lacks the mental capacity to consent, Thoo said he was aware but insisted that their relationship was affectionate and mutual.
He told the court that the victim had invited him to visit her on that day and claimed that they had been intimate before.
“After our time together, I often treat her to a Twizza drink and some bread. I also give her R2 (M2). It feels unjust to be accused of an act against someone with whom I share a loving relationship. My reputation in the community has suffered greatly, and my family members have distanced themselves from me,” Thoo said.
Following these exchanges and the court’s inquiry into Thoo’s health issues, Magistrate Makhaketso said he would issue a court order directing the investigating officer to facilitate a full medical evaluation for the accused to determine his mental condition.
Court proceedings are expected to continue on 4 December 2025, when the court is anticipated to receive an update on Thoo’s health evaluation report.
Speaking to the Sunday Express outside court, the victim’s mother, who attended the proceedings, expressed the emotional toll the incident has taken on the family. She said they had endured significant distress since the assault and emphasised her desire for justice and closure for her daughter.