Just Another Brick In the Wall
This article examines the systemic failures surrounding false sexual assault allegations against a South African teenage boy, detailing how the school's handling of the case violated its own code of conduct and infringed upon the boy's constitutional rights. It further explores the absence of accountability for those who made the false accusations. Close to a year later, the WCED has yet to commence an investigation into the incident, despite numerous calls and correspondence with supporting evidence that supports his innocence.
False allegations of rape and sexual harassment are gaining traction in South Africa, though their consequences and those directly involved—the school and the claimants—remain unaccountable for their actions. The suicide of 17-year-old Bafana Sithole in Mpumalanga, who was stripped of his honours by the school following false accusations of rape, was found lifeless after hanging himself in a classroom. Following his death, his family stated that the school’s handling of the allegations and its subsequent actions directly led to their son taking his own life. In Alan Dershowitz's book, Guilt by Accusation, which details his own personal experience with false accusations, he presents exculpatory evidence, including correspondence from his accuser and a legal admission of his innocence. The book critiques contemporary attitudes towards sexual misconduct accusations, arguing that the #MeToo era has fostered a presumption of guilt, undermining due process. It calls for a return to a legal system prioritising fair process over public sentiment and social media influence. Dershowitz points out the positive impact of the #MeToo movement but notes that it is being exploited by those making false accusations, highlighting the need to protect genuine victims and prevent harm to the innocent.
Such is the case discussed herein. Though the allegations were not as severe, the then 15-year-old boy was accused of inappropriate touching, derogatory and sexually explicit language, and a statement to a girl in which it was alleged that he said he would rape her. The issue of false allegations, particularly those against boys and men, is a complex one with significant consequences. While highly concerning, false allegations of rape or sexual assault can stem from a variety of underlying motivations. These may include, but are not limited to, seeking revenge, pursuing financial gain, establishing an alibi, expressing regret, eliciting sympathy, seeking attention, expressing anger, denying a consensual sexual encounter, or manifestations of mental instability.
However, this is a story close to home, and one which destroyed a thriving adolescent boy’s life, mental well-being, and caused severe distress to his family as a whole. What follows is a timeline of what transpired and its devastating impact, while the school and the girls in question have not been held to account for what they have done. Taking place in an independent school in Somerset West, but still under the WCED jurisdiction, it prides itself on fostering a responsible, growth-oriented, and sustainable environment, prioritising safety, community involvement, and advocacy for social and environmental issues. They state that they, as a school, are transparent, communicative, and welcoming, encouraging collaboration and passion, seeking to cultivate learners who are active and engaged in the community, reflective and open-minded, strong in language and mathematics, dedicated to social justice and sustainability, emotionally intelligent, realistic, and characterised by empathy, care, and tolerance. How far from the truth this is.
On August 29th, 2024, the events unfolded with a morning call from the principal to the mother of the then grade 9 learner, requesting that she come to the school to collect her son. The mother, fearing a serious incident, was relieved to learn that her son was safe but was then informed that allegations were made against him that required his removal from school. When she arrived, her son was in the office, uninformed about why he was being sent home and, most crucially, was denied the chance to state his side of the story. This omission represents a failure to follow due process as outlined in the school's code of conduct and the constitutional rights to which he is entitled. The learner's mother later contacted the High School Principal regarding the allegations against her son. She raised concerns about his removal from school without evidence, citing potential rumours and negative effects on his mental health, and requested an urgent meeting with the school and the parents. The principal responded that it is normal practice to separate the accused learner in allegations of sexual harassment/abuse/assault. He clarified that the boy’s removal was not a punishment and that the school was investigating the situation. The following day, the situation escalated as the accused learner’s parents informed the Principal that their son’s friends had ostracized him, blocking him on social media and their WhatsApp friend group, further compounding the harm. Correspondence ensued between the school and the parents, who conveyed their unease regarding the allegations, emphasizing that the principal had assured them that their son was neither suspended nor sanctioned. They also stressed the importance of considering witness reports from a broad range of individuals, not just those provided by the complainant.
After consulting with legal counsel by forwarding information about the matter, the attorney, upon reviewing the information, requested clarification and acknowledged that rumours would likely persist. Later that day, correspondence from the school further communicated that the learner was being suspended precautionarily during the ongoing investigation. Only on September 4th, 2024, did the school issue a Notice of Disciplinary Hearing.
The timeline of events is critical to understanding the case. Allegations initially centred around an incident in Art class but later expanded to include earlier events from Term 1. This was salient as the initial complaint was with reference to a singular event in Term 3, but it seemed as though the longer the accused was away from school, the more allegations kept mounting.
It was shocking and surprising, as the family remembers their son reporting early on to his mother that there were instances of flirtatious behaviour toward him by the girls and that subsequent complications arose within the group, as one of the girls had had a relationship with one of the boys in the group to which the accused belonged. This caused friction between the accused and the on-and-off-again boyfriend of one of the claimants. The situation escalated when this complainant and the accused entered into a secret relationship, further arousing suspicion by her desire to keep it hidden from everyone. It was especially important to her not to let anyone know of their ”boyfriend” / “girlfriend” status, which, after a few weeks, the accused’s discomfort with the secrecy and his desire for a "real" relationship, led to a breakup, followed by both complainants (best friends) ignoring him.
This raises several concerns about the handling of the case, emphasising why the school authorities did not investigate the accused’s side of the allegations being made, highlighting the reliance on hearsay and the potential for malicious intent behind the accusations. There is also a failure of the school to follow due process, denying him the opportunity to present his side of the story and allowing the claimants to make accusations without challenge.
This serves as a stark reminder of the potential consequences of unchecked allegations and the importance of due process. It highlights the need for a balanced approach that considers all sides of a story and ensures fairness for everyone involved.
The disciplinary proceedings involving the accused have been marked by contention and dispute. The central conflicts revolve around the interpretation of regulations regarding legal representation in school disciplinary hearings and allegations of procedural unfairness. The documents highlight the importance of clear communication, adherence to due process, and the protection of students' rights in such proceedings.
During the disciplinary hearing, written witness statements from the majority of students present during the incident were provided. These statements indicated that the witnesses did not hear or observe the accused display the behaviour alleged by the accusers.
The individual who claimed to have heard the accused make a threatening statement clarified that the accused did not, in fact, use the word "rape". He was also, as aforementioned, the on-and-off-again boyfriend of one of the claimants and admitted not liking the accused, finding him extremely annoying.
Concerns were also raised that the claimants' statements were contradictory during the hearing, and there was no one who could support the allegations, aside from the two girls and one witness (the ex-boyfriend), who later during cross-examination confirmed that the accused did not say "rape" but rather stated that he said something like (verbatim): “If you don’t give me X, then I’m going to do Y.” This is a far cry from saying you heard someone say what the claimant stated in her allegation: RAPE
It was also noted that the parents of this witness were unaware that the proceedings had taken place and were not notified that their child would be involved in such a serious matter. In addition, the intermediary was disguised as such by the school when, in fact, he was a lawyer, while they made consistent denials for the accused to have legal representation at the hearing.
The accused was found not guilty on all charges except for one allegation related to touching one of the accusers. This finding was based on the accused's lack of clarity in denying the act, despite pleading not guilty to all charges at the beginning of the hearing. How does one rule guilt from innocence on such a nonsensical basis?
Subsequent to these events, another mother of a boy who belonged to the friend group known to the mother of the accused reported to her that she was concerned because a boy had come to her with information that he had received unsolicited sexual images from one of the claimants.
The accused was not expelled but was removed from the school due to the significant mental distress he experienced as a result of the incident. Rumours had spread, leading to him being called derogatory names by students he did not know and people who did not attend the school. He now attends online school from home as he suffers the repercussions of what transpired following the false allegations. The accused has been in therapy and has suffered considerable mental anguish, self-harming behaviour, loss of trust, diminished self-confidence, and social isolation. This situation has had a profound impact on the entire family.
So, I ask you, where is the accountability? While it is crucial for protecting victims, heightened awareness of issues like sexual assault can sometimes lead to increased instances of false allegations. The "believe the victim" movement, while having good intentions, can sometimes lead to accusations being taken as fact before proper investigations are complete.
False accusations can inflict severe damage on an individual's life. Even if ultimately proven untrue, the allegations themselves can cause permanent harm to a person’s reputation. This damage to reputation can lead to social stigma, resulting in isolation and ostracisation from one's community. Beyond the social consequences, false accusations can also have a devastating impact on mental health. Individuals facing such accusations may experience severe emotional distress, anxiety, depression, and even post-traumatic stress disorder (PTSD). The sheer stress of attempting to defend oneself against these accusations can be overwhelming. In the most tragic cases, the combination of reputational damage, social isolation, and intense emotional distress can elevate the risk of suicide, particularly among vulnerable adolescents.
Furthermore, the repercussions of false accusations extend beyond the personal realm. Defending against such allegations often involves significant legal and financial burdens. The legal processes themselves can be emotionally draining and protracted.
This case has ignited a firestorm of debate around the complexities of teenage relationships, allegations of sexual harassment, and the crucial concept of due process. At the heart of this controversy is a clash between differing accounts, raising critical questions about fairness, evidence, and the rush to judgement by the very institutions that vow to protect, to remain fair, and to teach empathy and honesty.
References
Borysenko, K. (2020, February 12). The Dark Side Of #MeToo: What Happens When Men Are Falsely Accused. Forbes. https://www.forbes.com/sites/karlynborysenko/2020/02/12/the-dark-side-of-metoo-what-happens-when-men-are-falsely-accused/
eNCA. (2022, November 25). Discussion | Pupil commits suicide after rape allegations. YouTube. https://www.youtube.com/watch?v=wLwSn9_z4S8
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