TV actress Amanda du-pont's rape and assault case against Molemo "Jub Jub" Maarohanye has been dismissed due to inconsistencies in her evidence, lack of medical proof and contradictory statements from witnesses.
Du-pont claimed that Maarohanye raped her several times during their relationship about 20 years ago, sometimes in the presence of her sisters. She also alleged that during one of their arguments, Maarohanye choked and suffocated her repeatedly until she lost consciousness.
However, Advocate Ntsako Baloyi, Maarohanye's lawyer, submitted legal representations to the National Prosecuting Authority (NPA) to withdraw charges against the musician. Baloyi argued that the charges were vexatiously manifested after Maarohanye's interview on Macg Podcast and Chill in December 2021, where he used the word "smashed" to describe his sexual encounter with Du-pont.
Baloyi further argued that Du-pont contradicted her initial story in Move magazine, in which she exculpated Maarohanye by saying that he was not the perpetrator. She even threatened to sue the magazine if they wrote that Jub Jub raped her.
Baloyi also questioned why Du-pont allowed her younger sister to share a bed with her and Maarohanye after he allegedly raped her. He further argued that a victim who endured abuse and rape over a period of about three years would not be quick to defend the rapist.
Du-pont's evidence was also inconsistent with the witnesses she gathered to corroborate her story. She had claimed that she tried to open a case at Mondeor police station but was refused by a female cop. However, Baloyi argued that Du-pont did not pursue the matter further despite there being other police personnel, station commanders and other police stations nearby.
The lack of medical evidence also weakened Du-pont's case, as the prosecution could not prove beyond a reasonable doubt that she was raped and assaulted.
Baloyi further argued that Du-pont abused the law without due regard for the repercussions, adding that it may play to the detriment of other women who are involved in genuinely dire and abusive relationships.
The NPA withdrew the case due to insufficient evidence, as the witness testimonies were not reliable and the physical evidence was lacking.
The dismissal of Du-pont's case has sparked controversy on social media, with some people accusing her of lying and fabricating evidence, while others believe that she was genuinely abused and raped by Maarohanye.
However, the case highlights the importance of gathering credible evidence and having consistent witness statements in rape and assault cases. It also raises questions about the effectiveness of the criminal justice system in dealing with sexual violence cases.
Du-pont has not yet commented on the dismissal of her case, and Maarohanye's legal team has also remained silent.
