No vaginal lubrication = rape
Johannesburg – The absence of any foreplay and a lack of vaginal lubrication proved there was no consent from the woman Jacob Zuma is accused of raping, the State prosecutor in his Johannesburg High Court case said on Wednesday.
Summing up the State’s case against the former deputy president, Charin de Beer said: "The very absence of foreplay activities confirms that there was no consent."
She continued, saying: "The complainant’s vagina not being lubricated is in the State’s submission an indication that she was unprepared for sex and was raped."
Zuma’s endearments and kisses during the incident were just to elicit some response from her, including asking whether he could ejaculate inside her.
‘It is clear that she was raped’
"On her version, it is clear that she was raped."
Giving some insight into the complexities of the case, Judge Willem van der Merwe asked why Zuma would have made sure the woman was asleep before approaching her, and risking an unpredictable reaction.
"Why would he wake her up? That creates some difficulty in my mind."
De Beer said that Zuma returned to the room afterwards because his conscience was troubling him. This led Van der Merwe to remark: "That is contrary to what you would expect from a rapist."
De Beer conceded that some of the complainant’s behaviour was "strange", including that she did not have a shower afterwards, but said this was due to shock.
Pastor’s testimony important for judge
Van der Merwe said he would place great importance on the testimony of the pastor, who was also her boarding master, that the complainant’s mother thinks impregnated her daughter during one of her blackouts. A lot will turn on what I make of the boarding master’s evidence, said Van der Merwe.
"If it was not rape… what then?"
Rape used in the wrong context?
Van der Merwe deliberated whether this meant that rape was used in the wrong context.
He referred to the SMS messages that the complainant sent after the alleged rape.
The court heard at the beginning of the trial that the woman SMSed her friend to say that Zuma was looking at her in a sexual way and wrote "there must be something in my drawers".
Van der Merwe said she could have been planting a seed for something to discuss later.
He said the SMSes could indicate whether she was in control of her thoughts at the time.
The trial continues.