Delictual Liability of a Municipality for the Rape of a Mentally Disabled Woman – Bridgman v Witzenberg Municipality (JL and Another Intervening)
Journal of Contemporary Roman-Dutch Law, Vol. 81, p. 325-333, 2018
9 Pages Posted: 26 Dec 2018
Date Written: May 4, 2018
An 18-year-old woman (L) with a mental disability (she functioned cognitively at the level of a 6 to 8 year old child) was abducted and raped by three youths at the Pine Forest Holiday Resort in Ceres, Western Cape, where she was staying with her adoptive parents. The resort was owned, managed and controlled by the defendant, the Witzenberg Municipality (the Municipality). The plaintiff, in his capacity as the curator ad litem of L, instituted an action against the Municipality, claiming damages arising from injuries suffered by L as a consequence of the rape. He submitted that the rape was caused by the negligent omissions and conduct of the Municipality. The Municipality denied that it had been negligent. In the alternative it argued that, if it had been negligent, the rape had been caused partly through its own negligence, and partly through the negligence of L’s parents.
Keywords: mental disability, rape, negligent omissions, contributory fault
Suggested Citation: Suggested Citation