The Katutura Magistrate’s Court yesterday issued a warrant of arrest against rape accused Theodor Kheiseb, who failed to appear in court Monday to answer a charge of rape. It is alleged he sexually violated a woman who was his brother’s girlfriend at the time.
Defence attorney Titus Mbaeva told the court that he does not know the whereabouts of his client. “I have no contact with him, thus we have not communicated,” Mbaeva explained. After being called several times by the officer of the law on duty, Magistrate Alexis Diergaardt issued a warrant of arrest against the accused.
According to the police docket, on the night of March 9, 2003, Kheiseb forced himself on his brother’s then girlfriend without her consent. The incident occurred at a farm near Omunjereke game farm within the district of Windhoek. It is alleged that Kheiseb sneaked into the room where his brother, his girlfriend and her two children were sleeping.
Without realising that one of the minors in the room was wide awake Kheiseb apparently sneaked under the blankets and sexually violated the woman while she was in deep slumber.
Kheiseb allegedly committed the act while his brother lay next to her. The victim apparently did not wake up during the violation, nor did she scream for help, as she was unaware of what was happening due to alcohol intoxication.
The State further stated the victim was not in a mental capacity to understand the nature of the sexual act or to communicate her willingness to partake in the act. Allegedly upon completion of the sexual violation, the suspect walked out of the room to the bedroom, where he was being accommodated by his brother.
The victim’s minor child witnessed the whole incident and reportedly woke her mother up, who was apparently still asleep at the time. It is alleged that both the victim and her then boyfriend did not hear anything.
Based on the charge sheet, the victim only came to realise what was done to her after being informed by the minor. It is alleged that the victim and her then boyfriend had been out all day on a drinking spree.
Kheiseb, who pleaded not guilty to the rape charge on September 28, has been out on bail. Magistrate Diergaardt placed the matter on the roll until the accused person had been traced and the warrant of arrest executed. The State was represented by Samantha Diergaardt.