Rape charge contradicted by testimony
A 12-year-old boy being cross-examined by the defence advocate representing former school counsellor, Darren Goddard, who is charged with rape and sexual assault, testified on Thursday that he never saw the teacher’s private parts.
The boy also told the Pietermaritzburg high court that he and Goddard remained fully clothed. In his evidence, the boy described to the court being touched inappropriately by Goddard.
Goddard is charged with having raped the boy several times in 2015 and 2016.
The boy told the court that Goddard used to make him sit on his lap and put his private parts “by” his behind.
Questioned by Goddard’s advocate Shane Matthews, the youngster agreed that when he used to sit on Goddard’s lap, they both were wearing their clothes. Matthews suggested to the boy that he had been examined by two doctors, the first being a Durban doctor on November 28, 2015. That doctor had reported the boy had no “signs of sexual abuse”.
Matthews went on to suggest that if Goddard had started any “naughty business” when the boy was in Grade 2, in 2015, then the doctor would have found signs of it.
Judge Kate Pillay rephrased the question (to make it easier for the boy to understand) and the boy then said; “mam I forgot”.
The boy also said he forgot, when asked if he was taken to another doctor and asked to explain what had happened to him.
Matthews said the defence believes this report was being “purposely” withheld by the state.
But the prosecutor, Attie Truter responded that it is not in the docket.
Moving on, Matthews asked: “Did you ever ask your mother if she has “got the hots for Mr Goddard?”
The boy said he forgot. “Did you ever ask why she ‘has the hots’ for Mr Goddard?” added Matthews.
The boy’s response was the same that he forgot. The relevance of the question was not explained.
The boy was also asked why he had been counselled by Goddard.
It was suggested to the boy by Matthews that it was because he (the boy) was being bullied at school and was wetting his pants. The advocate mentioned the names of two of the alleged bullies.
The boy recalled one and said that person used to make fun of him and his brother at school. He also said he remembered wetting his pants, but could not remember anything about the other boy. Matthews also asked him if he knew what being “gay” means, to which the boy replied it was “when a boy likes another boy”.
The advocate then asked him if he knew what gay people do. The boy replied; “they do naughty things”.
Matthews asked him; “like what?”
The boy said “they touch each other’s privates and force each other to get married”.
Judge Pillay asked the boy where he learned this from and how he knew this. The boy remained silent.
The judge repeated the question again and urged the child not to be afraid, reminding the boy that it was fine to say whatever he wants to say. After a while, he replied that his mum and dad told him what gay means.
The boy then got emotional and started to cry. The case has now been adjourned till Monday.