Lawyer wins appeal -but still faces sexism probe

A High Court judge did not take kindly to an attorney's claim he only dated white women, made in relation to allegations that he sexually harassed a black female colleague.

Cape Town - A Western Cape High Court judge did not take kindly to an Atlantis attorney's claim he only dated white women, when he defended himself against allegations that he sexually harassed a black female colleague.

So irritated was Judge Rosheni Allie that she saw it fit to refer the issue to the Cape Law Society so it can consider appropriate measures against the attorney, Henricus van Ieperen.

"(Van Ieperen) appears to be labouring under the misapprehension that sexual offences are committed by a man who takes a fancy to a woman. Sexual innuendos and gratuitous sexually offensive misconduct rarely arise from flirtation. They are made with a view to treating a person condescendingly and patronisingly," Judge Allie said.

She was giving judgment in an appeal which Van Ieperen had lodged against his conviction for crimen injuria for which the Malmesbury Magistrate's Court fined him R2 000 or three months' imprisonment in September last year.

Van Ieperen was initially charged with sexual assault and an alternative count of common assault for allegedly inappropriately touching a colleague and telling her he wanted to "smack her bum", that "she wore sexy shoes" and that "she needs a man".

At the end of the trial, however, he was acquitted of the charges.

Instead, the magistrate relied on a section in the Criminal Procedure Act (CPA) as a basis to find Van Ieperen guilty of crimen injuria.

The case went on appeal to Judge Allie and Judge Ashley Binns-Ward.

In her judgment, Judge Allie said she was not convinced by the magistrate's finding that intent had not been established to prove Van Ieperen was guilty of assault.

She said the magistrate had already found Van Ieperen had slapped his colleague's buttocks or upper leg after expressing an intention to do so.

"The court a quo, failed to apply the law relating to common assault correctly.

“The State could therefore have appealed against the acquittal on common assault on a question of law," she said.

However, Judge Allie said the section of the CPA the magistrate relied on referred to "an offence so charged”.

Since crimen injuria was not an offence raised in the charge sheet, the section could not be relied on.

She set aside the crimen injuria conviction, but not before she pointed out that the Cape Law Society should consider appropriate measures to address Van Ieperen's "apparent misunderstanding of how sexism impacts upon the recipient of such treatment".

"It is important that (he) appreciates that there is a need for him to bring his conduct in line with what is acceptable behaviour".

Judge Ashley Binns-Ward agreed and added that "allegations of the nature raised in this matter have implications bearing on the integrity and reputation of the attorney's profession".

fatima.schroeder@inl.co.za

Cape Argus