- S v Albro Mclean. Case no: (A112/21) [2021] ZAWCHC158 High Court Cape Town dated 12 August 2021 and 2021(2) SACR 437 (WCC)

Mr Albro Mclean, the accused, was convicted of rape in the Wynberg regional court in the Cape Peninsula whereupon he was sentenced to life incarceration.

On automatic appeal before the High Court in Cape Town, it appears that the accused, who was 41 years old at the time, and the complainant who was 21 years old at the time, are long-standing neighbours. It further appears that on 28 August 2017, the complainant visited the sister of the accused at their house in Seawinds, a suburb in the vicinity of Steenberg/Retreat in the Cape Peninsula. During this visit the accused was also in the house.

At some stage the sister left the house to visit a friend, whereupon the complainant and the accused were apparently left alone in the house. When the sister failed to return, the complainant decided to leave. That was when the accused became aggressive and pushed the complainant in order to prevent her from leaving the house. The accused then threw the complainant on a bed and said that “he could make her a woman” whereupon the accused had sexual intercourse with the complainant without her consent.

In considering the appeal, the High Court, inter alia, remarked that the complainant trusted the accused and considered him as an older brother. The complainant, according to the High Court, testified before the regional court that during her ordeal, she had indicated to the accused that she was a lesbian, but he persisted with his attack on her. The complainant indicated that she had conveyed her sexual orientation to her family at a young age and that they accepted it. According to the complainant, the accused was aware of her sexual orientation prior to this incident.

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[This is only an extract of an article published in Pollex in Servamus: June 2022. If you are interested in reading the rest of the article, send an e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it. to find out what you need to do. Ed.]