A Cape Town teacher accused of sexually assaulting a then 14-year-old special needs pupil has been acquitted on all charges by the Education Labour Relations Council. | J_chabalala
Edgar Dean Fortuin was accused of sexually assaulting a Grade 4 pupil at Robin Hill Special School in 2021. The child, who has severe intellectual disabilities, has an IQ below 50. She is unable to read and write and does not know her date of birth.The teenage girl testified that while she was in class, Fortuin took her to another teacher for drawing a flower on her hand.
The ELRC's advocate DP van Tonder, who penned the ruling, said the pupil was also asked whether the teacher took out his penis. The doctor also said that a child couldn't start menstruating because of penetration. He further said there wouldn't be heavy bleeding from the vagina merely because a penis was inserted into the vagina. Still, he added that he couldn't make any factual findings.
"But yet one finds that during her evidence in chief, the complainant never alleged that Mr Fortuin had inserted his penis into her vagina. She only testified about Mr Fortuin touching her vagina.""Her evidence cannot be said to be clear and satisfactory in every material aspect.
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