Man who raped teacher loses appeal against conviction
Wandaray Ruiters must serve 12-year sentence
One of the men found guilty of kidnapping and raping a Gelvandale teacher has lost his bid to have his conviction reconsidered.
Wandaray Ruiters, 18, brought an application in the Port Elizabeth High Court for leave to appeal after judge Glen Goosen found him guilty of the July 17 2017 abduction, robbery and rape of the 33-year-old teacher.
Ruiters was sentenced in January to an effective 12 years in prison for his part in the attack.
His co-accused, Donovan Heugh, 25, received a life sentence.
In handing down sentence, Goosen said the court had taken into consideration that Ruiters was only 16 at the time of the crime.
In his application Ruiters claimed the court had not taken into consideration that he had acted under duress when he raped the woman.
"The honourable court erred in rejecting the applicant's act of rape as justified by necessity, in that he acted under threat of violence from [Heugh]," the application read.
Goosen dismissed the application.
After the two were sentenced on January 25, Heugh brought an application to appeal against his life sentence, which Goosen immediately dismissed after hearing arguments.