A Man Without Penis Wins £35,000 After He Was Arrested For Rape

The South African police minister has been ordered to pay R800,000 to a man who was wrongfully arrested and detained for allegedly raping a neighbor’s child—despite being physically incapable of committing the crime due to a childhood accident that left him without genitalia. The man without a penis who was held in a South African jail for two months accused of raping a young girl has been awarded £35,000

The man, whose identity remains confidential, filed a lawsuit in the KwaZulu-Natal High Court in Pietermaritzburg, seeking damages for his unlawful arrest and the 54 harrowing days he spent behind bars. Though the National Prosecuting Authority (NPA) eventually withdrew the charges, the man had already endured prolonged detention under appalling conditions.

Despite the dismissal of the charges, the court rejected his claim for malicious prosecution, stating that the case never proceeded to trial.

The nightmare began on March 26, 2020, when the 26-year-old was arrested at his home in Ladysmith, KwaZulu-Natal. His father immediately informed the investigating officer about his physical condition, which should have made the rape accusation biologically impossible. However, this crucial information was ignored, and he was denied bail.

Initially held at a local police station, he was later transferred to Ladysmith Correctional Centre, where he endured overcrowded and unsanitary conditions. His cell lacked proper toilet facilities, and he had no access to running water.

Judge Mathenjwa harshly criticized the investigating officer for failing to evaluate the evidence at her disposal and neglecting to inform the prosecutor of the man’s condition.

"The officer did not even inform the prosecutor of the evidence presented to her by the plaintiff’s father, which showed that due to his physical state, he was incapable of rape. This failure led to his wrongful arrest, prolonged detention, and deprivation of liberty in intolerable conditions," Judge Mathenjwa stated.

The court ruled that the man had been unlawfully arrested and detained without any justification, receiving no apology or explanation for his ordeal.

As a result, the court awarded him R800,000 (approximately £35,000) in damages, along with his legal costs. Judge Mathenjwa further highlighted the dire state of South African correctional facilities, emphasizing that overcrowding and inhumane conditions remain a significant human rights issue.