Facebook poses attack case hitch

A SEXUAL assault case opened by a University of Cape Town student could be hampered after she named the alleged perpetrator on social media. The gender studies student, who is also a member of the #FeesMustFall movement, also posted a picture of the alleged attacker on Facebook. The post, which claimed the woman had to create a “ruckus” before any action was taken, was circulated on social media yesterday. The university said it had immediately assigned a senior official to probe the incident, which allegedly occurred on Sunday. Provincial police spokesman Captain FC van Wyk confirmed that an indecent assault docket had been opened.

But legal experts said it was illegal to name a suspect before any arrest had been made or before the case had gone to court. Attorney Sanja Bornman from the Women’s Legal Centre said: “As difficult as it may be, the rule of law must prevail. “If we wish to see justice done in court, then we must also follow the law in getting the alleged perpetrator to court.” Pretoria attorney Llewellyn Curlewis said the evidence could be prejudiced by naming and shaming on social media. “A court might be more inclined to give the accused the benefit of the doubt where there is any suggestion that evidence or witnesses have been unduly influenced by what they have seen in the media and what they have read,” Curlewis said.

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