I was arrested for rape of a man a drug ...

Asked by solution on 08-09-2021 19:53:16
Question posted in the Criminal Law category relating to Northern Cape

I was arrested for rape (of a man - a drug addict from a rehabilitation center that I managed) on 9 July 2021, After a succesful formal bail apllication for a schedule 6 offence and after weeks of enquiry was released on the 28 August.

From release to present I have had no legal representitive due to financial constraint. The bail conditions did not help the situation as I have no vehicle at present, I was placed under house arrest and had to sign into the police station twice a day and my travel from the Eastern Cape to Hanover in the Northern Cape every 4-6 weeks for almost a year combined with Covid  meant that I ulimatley moved to De Aar to be closer to the courts in order to save money for an attorney. On the 16 July I got my bail conditions relaxed and am not under house arrest any longer and sign in now twice a week. On Friday the 10th I am appearing in Hanover and part of what the regional court magistrate said was that she would move the trial to De Aar.

I have not yet seen the formal charges or even a docket although I have requested this on many occasions. 

I have no idea how to proceed without council advising me and the legal aid alternative frightens me as I have seen first hand the difference a private attorney can make in contrast to waiting trial and seeing the fate of those with a state attorney.

I cannot understand how this goes from bail to trial, surely there must be other procedures beforehand, like getting the docket, dicovery, motions and more.

What motions can I file to get more time to prepare financially and legaly with regard to preparing for a trial; that could be a life sentence if I am found guilty.

Ant and all advice would be appreciated.

Information Requested by Lawyer

Posted by Att. Patrick on 10-09-2021 13:19:32

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment, even if it is R150 or R200.

Have you applied for a Legal Aid lawyer from the Legal Aid Board?

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required deposit, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make deposits for their questions - they get serviced first!

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not SA Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.