Syster and Another v The State

The complainant (TS), a 19-year-old woman, was the blood cousin of the first appellant and had been involved in a secret romantic relationship with him for almost two years. The second appellant was a friend of the first appellant. After midnight on 8 June 2006, both appellants went to TS’s home and entered her bedroom. The second appellant joined her in bed and began touching her sexually despite her objections. The first appellant later joined them, and both appellants overpowered TS. The first appellant had sexual intercourse with her without her consent, while the second appellant participated in indecent assault but did not complete intercourse. TS did not report the incident immediately to her mother but told a close friend the following day and laid a charge of rape. A medical examination supported recent non-consensual penetration. The appellants admitted the sexual acts but alleged that TS consented to them.

The appeal against conviction was dismissed.

The case reinforces the South African approach to the evaluation of evidence in criminal trials, particularly in sexual offence cases involving disputes about consent. It affirms that corroboration may arise from the accused’s own evidence and reiterates the deference appeal courts must show to trial court credibility findings. The judgment also clarifies that inherent improbabilities can justify rejection of an accused’s version beyond reasonable doubt.