LIFE IMPRISONMENT FOR RAPING A MINOR
The Nelspruit Regional Court convicted and sentenced a fifty-seven-year-old man (57), to life imprisonment for raping a minor girl (13), in 2020. The victim was residing with her sister (15), at their home in Pienaar Trust, while their mother was working away from home. On 06 February 2020, the accused convinced the victim’s elder sister to go and play netball. Eventually, the elder sister left to play, thereafter the accused ordered the victim to take off her clothes and lay down. The victim resisted; however, the accused threatened to kill her.
The accused then forced himself to the victim and raped her, and when the victim’s cousin arrived, she found the victim putting on her clothes in the same house as the accused. She confronted the victim about what happened, and she kept quiet. The cousin became worried and informed the victim’s aunt. Upon asking the victim, she cried and informed them that it was for the second the accused raped her. The victim’s aunt undressed the victim and checked her private part, she then found semen on the victim’s private part.
The victim’s mother was called and informed. The aunt and the cousin reported the matter to the police while the victim was taken for medical examination. The accused was arrested and denied bail after the state successfully opposed his release. During the trial, the accused pleaded not guilty and denied all the allegations levelled against him. State Prosecutor John Mahlwele led oral evidence of the victim, the victim’s cousin, and the victim’s aunt. The forensic nurse as well as the positive DNA report was also presented to the court. The court found the accused guilty as charged.
In aggravation of sentence the state handed in the victim impact statement facilitated by Court Preparation Officer Nomfundo Mokoena where the victim drew two pictures of herself explaining how the rape ordeal affected her before and after the incident. Prosecutor Mahlwele argued that there were no substantial and compelling circumstances advanced by the accused for the court to deviate from the prescribed sentence of life imprisonment and therefore asked the court to sentence the accused to life imprisonment. Accordingly, the court sentenced the accused to life imprisonment.
The National Prosecuting Authority welcomed the sentence and applauded the prosecutor as well as the investigating team for the job well done. We remain resolute in our efforts in the fight against Gender-Based violence and promotion of a safe environment for vulnerable groups of society.
