MAN SENTENCED TO LIFE IMPRISONMENT FOR RAPE AND IMPREGNATING MINOR STEPDAUGHTER
The Robertson Regional Court has sentenced a 33-year-old McGregor man to life imprisonment after he repeatedly raped his minor stepdaughter over five months and impregnated her. NPA does not name the accused to protect the victim and her child from secondary victimization.
The State alleges that between August 2017 and January 2018, the accused who was a co-habiting partner of the victim’s mother and a father of her three other children, in White City, McGregor, repeatedly raped the victim while her mother was at work. He was known to the victim as he had stayed with them since the victim was 4 years old. At the time of the rapes she was 13 years old, and he threatened to kill her and mother if she told anyone about the rapes. She fell pregnant and gave birth to a baby girl in 2018. DNA analysis confirmed that he fathered the child.
The accused has had several brushes with the law including arrests for drug possession, assault and a three-year sentence for housebreaking with intent to steal and theft.
State prosecutor, Eltom Willemse, asked the court to impose the prescribed minimum sentence of life imprisonment as the aggravating factors far outweighed his mitigating factors. He argued that the victim formed part of the vulnerable group of society who seeks protection from the courts against perpetrators like the accused, who trample on their fundamental human rights by depriving victims of gender-based violence of their sexual autonomy and bodily integrity.
The accused perpetrated many acts of sexual penetration without consent with the complainant over a protracted period. He was in a position of trust to love, care and protect the complainant, but instead violated the trust his co-habitating partner and her daughter. It is evident that he seeks to paint a picture of a man who was in a loving relationship and who made a mistake that was forgiven by his partner. That is however not true. He fails to take responsibility for his actions and lay the blame at the feet of a 13-year-old girl whose life has been dramatically changed due to her becoming a mother herself at such a tender age.
She also testified during the trial that she was afraid of the accused, since he regularly assaulted her mother. She was hurt and experienced a burning sensation after the sexual penetration.
It is clear from the victim impact statement that she not only suffered the physical and psychological trauma during the period of sexual abuse at the hands of the accused, but also suffered secondary trauma when it was requested of her to come to court and relive the traumatic experiences she had to endure.
Deterrence and retribution are proper purposes of sentencing in this matter, as it is a very serious offence. Considering the fact the accused’s lack of remorse or empathy towards the victim, it is doubtful whether he could be rehabilitated.
The court agreed with the State’s arguments and sentenced the accused to life imprisonment and ordered that his name be entered into the National Sexual Offenders’ Register and the National Child Protection Register. It also ordered the prosecutor to inform the victim and her mother of their rights to make representations to the Commissioner of Correctional Services when placement of the accused on correctional supervision or parole is considered and have the appeal rights explained to them.
The court declared him unfit to possess a firearm and ordered that an immediate search and seizure of all competency certificates, licenses, permits, and authorisations issued to the accused and all firearms and ammunition in his possession.
Welcoming the sentence, Western Director of Public Prosecutions Adv Nicollette Bell, expressed shock at the rate of sexual offences committed against children. She recommitted the prosecuting authority, working with all its partners in the criminal justice system, to ensure those involved in such crimes will be arrested, prosecuted, and handed sentences fitting the crimes they committed.
