A 35-year-old French resort manager accused of raping an 18-year-old tourist at a KwaZulu-Natal beach resort was granted R5 000 bail on Tuesday after an application heard over three days in the KwaDukuza Magistrate’s Court, according to court documents and legal proceedings.
The case centers on an encounter between the resort manager and the teenage guest, who was on holiday with his parents. According to court documents, the 18-year-old tourist claimed that the manager had given him so much alcohol that he was “paralysed” at the time of the alleged attack. The State’s charge sheet outlines two primary counts against the French national. On the rape count, the charge sheet states he unlawfully and intentionally committed an act of sexual penetration “by inserting the complainant’s genital organ into his mouth.” On the sexual assault count, the charge states he unlawfully and intentionally sexually violated the complainant “by removing his pants and fondling his genital organ.” The State indicated that video footage would be led as evidence in the proceedings.
Manager Defense and Consensual Claims
Represented by attorney Anand Nepaul, the 35-year-old manager told the court that he had indeed performed sexual acts on the 18-year-old, but insisted that the encounter was entirely consensual. The openly gay manager stated in an affidavit that the teenager asked for extra drinks and cigarettes on the night in question, prompting the manager to invite the guest back to his apartment. “I asked the complainant if he wanted to come to my apartment. He agreed,” the affidavit stated. Once inside the residence, the manager claimed the teenager phoned his girlfriend to tell her he was spending time with the manager before raising the subject of sex himself. According to the affidavit, the boy dropped his trousers, lay on the bed, and asked the manager to perform oral sex. The manager asserted that when the teenager asked him to stop because he had a girlfriend, he stopped immediately, and that the boy dressed and left at about 3am. The affidavit further noted that the manager subsequently called the teenager on WhatsApp to ask why he had left, to which the teenager allegedly replied, “I’ll meet you in London,” before cutting the call.
Did You Know? The bail application for the 35-year-old French national lasted for three days in the KwaDukuza Magistrate’s Court before bail was set at R5 000 on Tuesday.
Legal Next Steps and Court Proceedings
Following the three-day bail application, the court granted the accused R5 000 bail on Tuesday. The French national cannot be named publicly until he has formally pleaded to the charges. Legal representation indicated to the court that the accused intends to plead not guilty as the case moves forward. As the prosecution prepares to introduce video footage as evidence, the court is expected to schedule further appearances to process the plea and evaluate the competing accounts provided by the State and the defense.
Frequently Asked Questions
What charges does the resort manager face?
According to the charge sheet, the manager faces one count of rape relating to an act of sexual penetration and one count of sexual assault for removing the complainant’s pants and fondling his genital organ.
What is the defense’s position on the encounter?
Through his attorney Anand Nepaul, the 35-year-old manager admitted to performing sexual acts but insisted in an affidavit that the teenager consented, asked for the acts to be performed, and later left of his own accord.
What bail conditions and restrictions were applied?
The manager was granted R5 000 bail on Tuesday after a three-day application hearing. He cannot be named publicly until he has formally pleaded to the charges.
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