Accused rejects rape, blames ‘rough sex’ for injuries

RAPE accused Douglas Mthukwane attributed the injuries sustained by the women he is alleged to have raped to what he described as consensual “rough sex” and his “oversized manhood”.

Mthukwane is standing trial on multiple rape charges involving a 14-year-old girl and two women, with the alleged offences dating between 2016 and 2019.

During closing arguments in the Northern Cape High Court this week, he claimed that one complainant had pulled him closer and made an explicit verbal request for sex.

He stated that another complainant had laid rape charges because he had involuntarily ejaculated and did not use a condom.

Mthukwane claimed the allegations were driven by personal vendettas and that he was being accused of “horrible things”.

“I was vulnerable after I lost my wife,” he told the court.

He explained that he had told police he did not know the complainants, saying it was “impossible to remember every woman and prostitute” he had engaged in sexual relations with.

Mthukwane pointed to a “fabricated and exaggerated" conspiracy that had been orchestrated against him.

“As an investigative journalist, I wanted to expose a commander attached to the SAPS Family Violence, Child Protection and Sexual Offences unit,” he claimed.

He further stated that the 14-year-old complainant had initiated sexual intercourse at his apartment and told him she had previously slept with older men.

Extortion and spiritual warfare

Mthukwane claimed one of the women sought revenge because he gave her R30 and fish oil instead of the promised R100.

“She wanted R10,000 for me to be initiated as a traditional healer. She is a witch doctor, and they were throwing their bones and were envious of my spiritual gifts,” he said of one of the other complainants.

He added that she had asked him to use his political connections to secure her employment in government.

“She said the ANC was not giving out jobs. She did not want to take my sound advice on how to compile her curriculum vitae (CV) to showcase her skills. I told her we could go to my apartment in Beaconsfield so that he could use my CV as a template.”  

Mthukwane said that while they were drinking beer and Coke at her home, she rubbed her buttocks against him and was twerking.

“I told her mother that I wanted to marry her and would ask for lobola. She had no problem going to my place. Having sex in a shack at the back of her mother’s house would have defiled the muti she kept there. I never undressed her; we undressed each other.”

He indicated that the complainant weighed over 80kg and that it would have been impossible for him to pick her up and throw her through the small bathroom window.

Mthukwane maintained that the complainant only reported the “rape” to a fellow traditional healer.

“She cried crocodile tears and was sticking her tongue out to mock the accused,” he said.

Accused's version ‘highly improbable’

Senior State Advocate Adele van Heerden pointed out that Mthukwane changed his defence to consensual sexual intercourse after he was linked to the charges by DNA evidence.

“While no firearm was found at the accused’s apartment or at his mother’s house, all three complainants mentioned being threatened with a gun.

“The accused’s premises was only searched seven days after the rape was reported in 2016, as a search warrant was not immediately available. Different investigating officers were involved in the cases that spanned several years, and the complainants did not know each other.”

Van Heerden added that the accused attempted to portray himself as a “victim”, while displaying angry outbursts during cross-examination and providing “long, nonsensical narratives”.

She said that although all three complainants were single witnesses, their versions were corroborated by State witnesses.

“The Grade 9 pupil immediately reported the rape when she arrived at school. The deputy school principal confirmed that she was hysterical and that the button on her skirt was missing. She related that the complainant was upset as she felt unprepared for her exams.”

Van Heerden told the court that Mthukwane had presented himself as a Good Samaritan by assisting the family financially and offering to transport the 14-year-old girl to school as her family could not afford taxi fare.

She added that the forensic nurse testified that the girl had not reached sexual maturity and had the physical appearance of a minor.

Regarding the second complainant, Van Heerden said the woman had agreed to climb into the back seat of Mthukwane’s car as she was on her way to buy fish oil, and he had asked her for assistance with directions.

“Instead of driving to his stated destination, he drove to an isolated place near a mine. He pulled her pants down and threatened to take out his firearm when she resisted. She tried to memorise the vehicle registration number but mixed up the number sequence, and the police had trouble tracing him. ”

Van Heerden added that the third complainant was a 36-year-old traditional healer who met Mthukwane in 2019 when he visited her practice with his mother.

“She requested the accused to assist her with a job application as she knew him as a student leader. She cleaned his apartment while he drank beer, as it was dirty and untidy. Instead of making copies for her curriculum vitae, the accused said that she was ‘horny and wanted sexual intercourse’.” 

Van Heerden said the accused became angry when the woman rejected his declaration of love.

"He took her to his bedroom and raped her, and told her that she was very lucky that his mother had taken away his gun. She asked him if she could go to the bathroom. He went to look for her and found her rubbing snuff on her private parts to ‘invoke the ancestors’. She told him that she was menstruating and showed him her sanitary pad. The accused threatened to throw her through the window if she did not return to the bedroom, whereupon he raped her again.” 

Van Heerden added that the forensic nurse noticed fresh injuries that were not consistent with consensual sexual intercourse.

‘Regret sex is not rape’

The legal representative for the accused, Kenneth Kgatwe, argued that his client was a well-known investigative journalist with many “political enemies”.

“The SAPS had a gripe against him as he had a pending investigation against them,” he said.

Kgatwe questioned why the 14-year-old complainant had not screamed for help or attempted to flee.

“The second complainant had sexual intercourse in exchange for money. She sat on the back seat of the car so that she would not be seen and hid her face on the way to the scene.”

Kgatwe added that a “spiritual battle” had unfolded between the third complainant, a sangoma, and his client, who is a member of the Zion Christian Church.

“Regret sex is not rape. Mthukwane was caught in the crossfire where the spirits were attacking his family. It was his mother who sought treatment at the traditional healer,” he said.

Kgatwe added that the complainant had engaged in consensual intercourse and had assisted the accused to penetrate her as he did not have a full erection.

Acting Judge Sharon Erasmus is expected to deliver judgment on January 9, 2026.