Van der Watt v The State

The appellant was convicted in the regional court of raping his domestic worker. Sexual intercourse was common cause, but the appellant’s defence was consent. The complainant was a single witness who alleged that the appellant came to her room late at night armed with a firearm and coerced her into intercourse. The appellant testified that the intercourse was consensual and preceded by discussion and an agreement, including payment. Medical evidence recorded a single abrasion consistent with intercourse but not necessarily force. The complainant’s conduct after the incident, alleged threats with a firearm, the physical layout of the premises, inconsistencies regarding a garage, and contradictions about intimidation and motive were central to credibility.

The appeal was upheld. The conviction and sentence for rape were set aside.

The case reinforces the correct approach to evaluating single-witness testimony in rape cases, the limits of medical evidence as corroboration, and the principle that an accused must be acquitted if his version is reasonably possibly true. It underscores appellate intervention where trial courts misdirect themselves on credibility and probabilities.