Question posted in the Family Law category relating to North West
Good day. My brother (23) had once off sexual intercourse with a lady who claimed to be 19, however it came to our attention that she is 17. She now claims to be pregnant with his child. My brother does not feel that he can be the father of this child and he have done tests whereby the doctor confirms his sperm count to be abnormally low. The parents of the lady have been threatening my brother and demanding financial support, this lady has not given any concrete proof that she is pregnant and she was in a club (and she drank alcohol) on 27-01-2024. we had made arrangements with the parents to meet with them on 27-01-2023 but on 26-01-2024 I received a whatsapp message whereby the step mother of the "pregnant" lady told me that as the sister of my brother she does not see the need for me to be involved, she wants my mother to be present. I then proceeded to explain to her that she is in no position to claim that I am not needed for the meeting. We either feel that this lady is not pregnant or that she is not sure who the father is. She also made some serious accusations that my brother had forced himself onto her (this was a discussion that she had on 27-01-2024) while she was in the club drinking and already claiming to be pregnant
what can we do to protect my brother's reputation and to make sure of who the father of the child is?
Please keep this anonymous
Message from the Lawyer
Hi there and thank you for your question,
I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.
Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship.
The answer is quite simple -- she must give birth to the baby and then take the baby for a DNA test in order to prove that your brother is the baby's father. Until the DNA proves it, your brother must not do anything. Don't go meet. Don't give anything. Don't admit to anything.
Honestly, the "forced himself onto her" sounds like the start of a "pay me money otherwise I will lay charges of rape" story. It is obviously a dangerous place to be in, especially with GBV being the talking point of the year. Your brother must watch out for this woman, and her parents.
The one BIG thing that she has going against her, if that "if" she was raped, WHY didn't she immediately go to the police to lay a charge and why didn't she go for a rape kit test at the hospital?!? If she didn't, then what actual evidence does she have about "forced himself onto her"?
This all sounds like a scam to me.
The age of consent in South Africa is 16 years old, so there can't be any talk of statutory rape ... so your brother can be safe in that regard.
Message from the client
Message from the Lawyer
Unfortunately, we can't write letters on your behalf. We are limited to giving you legal advice. But maybe you can use some of the below and adjust it as needed.
After the recent conversations about the fact that you are pregnant and that I am the child's father, I've been reflecting deeply on how we can move forward in the best interest of all parties involved, especially the well-being of the unborn child. With that in mind, I believe it's crucial for us to consider the importance of establishing paternity through a DNA test. I want to emphasize that my intention in requesting this test, when you are able to do this test, is not necessarily to doubt or question your integrity but rather to ensure clarity and certainty regarding the child's parentage. I have happy to contribute towards the cost of the DNA test and I will make myself available for the test. Unfortunately, and until such time as the child's parentage is proved, I am just not in a position to assume the responsibility as the child's father.