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Man sues after rape in police cells

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A Pretoria man is suing the police for over R1m after he was stripped naked by cellmates and raped and assaulted all night long following his unlawful arrest.Beeld reported that although he was released unconditionally the next day, he was once again arrested and again assaulted in detention before being released.

The man, who was not identified, was apparently deeply embarrassed about the incident and had taken three courses of ARVs to prevent being infected with HIV/Aids, said his lawyer, Robert van Wyk.

“Fortunately he is HIV negative,” said Van Wyk.

The man instituted two claims against the minister of police - one for R940 000 for the arrest and subsequent rape, and R150 000 for the second arrest and detention.

Arrest

The man was arrested for people trafficking in 2011 and held in the Rustenburg police cells, where he was kept with about 20 other people.

The cellmates took off his clothes, sexually assaulted him, raped him and seriously assaulted him until 06:00, in a cell that was apparently dirty and full of fleas and lice.

He said police did not visit the cell hourly. 

The man said police officials ignored him when he told them of the assault the following day and would not let him call his family.

A magistrate later told him and a prosecutor that the arrest and detention had been unlawful, and had apparently expressed the hope that a claim would be instituted against the police.

News 24

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