Jacob Zuma’s rape trial discharge application resumed on Tuesday with his lawyer questioning why his accuser ignored a number of what his defence team regard to be sexual messages.
A 31-year-old close family friend has alleged that the former deputy president raped her at his home on November 2. Zuma has denied this, claiming they had consensual sex.
His lawyer Kemp J Kemp submitted it was difficult to prove mens rea (a guilty mind) in matters requiring consent and that both sides’ accounts of the event were similar except for the actual alleged rape itself.
He said it was important to look at events and impressions leading up to the alleged rape and the events afterwards.
Kemp began by referring to a conversation between the two about her sexual needs as an HIV-positive woman.
She had told Zuma she did not have a boyfriend because ”the young crop was not good enough”.
Zuma could hardly consider himself part of the young crop, Kemp told the court.
Zuma had encouraged her to find a partner and to ”drop her standards”.
The defence lawyer asked why she did not say at that stage that she was a lesbian.
In the 54 SMSs between the two — mostly from her — she had started signing hers off more affectionately, using words like ”love”.
Kemp said that on the night of the alleged rape, Zuma repeatedly said he was going to tuck her in and also went to her in the guest bedroom.
When Zuma tried to speak to her, she said she was sleeping. He told her that he had been delayed but would see her later.
When she walked into the study to say goodnight to him, she was clearly not wearing a bra underneath her kanga, Kemp told the court.
When he went to her room to say he would be delayed, she did not ask why he was there.
”It is difficult by this conversation not to imply that he is going to come back.”
Kemp added: ”In his mind what is going to happen is, he is going to come back to the room.”
Zuma went back into the room a couple of times and asked whether she was sleeping.
If one was dealing with someone who was walking in with the intention to rape, ”it is a bit odd conduct to wake up your victim”, Kemp told the court.
Zuma then asked her if she wanted a massage.
”She said: ‘No, I am sleeping’. She doesn’t say: ‘I don’t want you to touch me.’
”She doesn’t say: ”What are you doing? Why are you taking the blankets off?”’
Kemp told the court: ”I am not for a moment arguing that she consented, but what I am saying [is] one must also look at it from the other side and we must think why she didn’t say no.”
Kemp said he understood there were two ”No’s” to the massage. Zuma then removed her kanga, but she did not say anything.
”Whatever the explanation would be … at some stage she froze … the question is what impression does it make on him? If ever there was a time a time for her to say no, that was the time.”
The trial continues. – Sapa