MAN SENTENCED TO LIFE IMPRISONMENT FOR THE RAPE OF A MENTALLY CHALLENGED WOMAN

MAN SENTENCED TO LIFE IMPRISONMENT FOR THE RAPE OF A MENTALLY CHALLENGED WOMAN

The Malamulele Regional Court has convicted and sentenced a 38-year-old man to life imprisonment for the rape of a 19-year-old mentally challenged woman. The name of the accused is concealed to protect the victim as she falls under a vulnerable group. During the trial, the accused pleaded not guilty, and the court heard that on 01 July 2017 in Mudavula village, the accused was in the homestead of the victim with her uncle drinking alcohol in the evening. He saw the victim going to the pit toilet behind the house and followed her, he forcefully undressed her in the toilet and raped her. After the ordeal, he left the victim and continued drinking with her uncle. The victim came out of the toilet crying and reported the matter to her aunt. They called the police, and the accused was arrested the same day.

The state advocate Norman Makhubele relied on DNA evidence to link the accused and the victim impact statement from Giyani Court Preparation Officer, Carol Tshikhudo. He also relied on clinical psychologist, Lungile Malatji for evidence to prove that the victim is severely mentally retarded.

In aggravation of the sentence, the advocate submitted that the crime statistics of rape and sexual violation of women and mentally challenged persons are very high. The fact that this person was severely mentally retarded was one of the huge aggravating factors that the state relied on. He further said that in 2011 the victim was raped and conceived a child; however, she could not tell who the perpetrator is. She is a vulnerable victim who cannot identify the father of her child, she can’t even bath or carry out any household duties. Her aunt is taking care of her. Therefore, the court should not deviate from the prescribed minimum sentence.

The National Prosecuting Authority welcomes the sentence and applauds the good work done by Adv. Makhubele and investigating officer, Sergeant Kenny Makhubele of Giyani Family Violence and Child Protection Unit(FCS).