Koos Stevens v The State

The appellant, Koos Stevens, a detective sergeant stationed at Claremont police station, was convicted in the Wynberg Magistrates’ Court on three counts of indecent assault involving three female complainants. The incidents allegedly occurred on 7 August 1998 during and after the arrest of one complainant for shoplifting. Each complainant alleged that Stevens caused her to undress and touched her breasts, buttocks and thighs while questioning her at the police station; one alleged vaginal touching. The complainants reported the alleged assaults to a boyfriend outside the police station, who confronted Stevens. Stevens denied all allegations and testified that he followed standard procedures, denied taking fingerprints of two complainants, and denied any impropriety. He was convicted on the single evidence of each complainant, his appeal to the Cape High Court was dismissed, and he then appealed to the Supreme Court of Appeal against conviction only.

The appeal was upheld and the appellant’s convictions on three counts of indecent assault, together with the related sentences, were set aside.

The case is an important reaffirmation of South African principles governing the evaluation of evidence, particularly the proper application of the cautionary rule for single witnesses and the requirement that courts assess the totality of the evidence. It emphasises that sensitivity to sexual offence complaints must be balanced with strict adherence to evidentiary standards and fair trial rights.