FATHER SENTENCED TO LIFE IMPRISONMENT FOR RAPING HIS DAUGHTER
The Brandfort Regional Court has sentenced a 27-year-old father to life imprisonment after he was convicted of raping his daughter who was 07-year-old at the time of the commission of the crime. The state case emanated from an incident that occurred between 25 May 2023, and 09 June 2023, in the township of Majwemasweu near the town of Winnie Mandela about 60 km northeast of Bloemfontein in the Free State, when the grandmother of the 07-year-old who had custody of the child had to be admitted in hospital. Because the grandmother could not take her granddaughter, she left the child at her grandfather’s house. This was a temporary measure until she was discharged from the hospital. During this period, the child’s father visited the family where his child had been left and requested that they allow his daughter to visit him at his parental home. Later in the night, the child requested her father to prepare the bed for her, as she wanted to go and sleep, and they shared a bed.
During the night, the child requested her father to take her to the toilet. Upon their return from the toilet, instead of sleeping, the father said to the victim that he wanted to show her what he used to do with her mother while she was still alive. The accused began to rape his daughter and when she tried to scream, he put his hand on her mouth. He only stopped when a family member entered his bedroom. The accused took the child back to the home, where her grandmother had left her in their care. The child could not tell anyone of her ordeal at the hands of her father as he had threatened her.
Upon her release from the hospital, the grandmother noticed that the victim was having difficulty walking. The grandmother enquired from the victim but because she was afraid of what her father would do to her, it took some persuasion until the victim, informed her grandmother of what her father had done to her. The grandmother reported the matter to the police and the accused was arrested. He was charged with one count of rape read with the provisions of section 51 (1) of the Criminal law amendment Act, the reason being that the alleged offence to a minor child and one count of incest crime as the accused is the biological father of the said minor child.
When the trial commenced, the state in building its case called two witnesses, the first witness being a minor child and the second witness being her grandmother. The prosecution led by Regional Court Prosecutor Thabang Makokwe made an application in terms of Sections 153,157 and 170A for the intermediary. The court then granted the application, and the victim testified through a closed-circuit television. During her testimony, the victim painted a picture to the court of how her father had brutally raped her and how the rape had changed and affected her. The prosecution submitted a Victim Impact Statement report compiled with the assistance of Court Preparation Officer Tieo Rafael Rametse which indicates that the life of the victim is completely changed due to the actions of the accused person as she is no longer the child she used to be back then, and she had suffered so much from this incidence.
In his defence, the accused version was that of bear denial on count one of rape and made the admission in terms of section 220 regarding count two being that on incest that he is indeed the biological father of the said victim. The accused changed his evidence that he was never with the victim during the night because his mother was the one who slept with the victim. The accused remained adamant that he did not sleep with the victim and blamed the grandmother. He indicated that the grandmother did not like him and that she was the one who influenced the victim to falsely implicate him with these serious allegations. He could not provide the court with reasons why the grandmother hated him. The grandmother also testified that there was no bad blood between her and the accused.
The defence case closed by only leading the accused’s evidence. Prosecutor Makokwe addressed the court that it should find the accused guilty as there was overwhelming evidence against him and that the victim was clear in all material aspects and honest in her testimony. The defence asked the court to acquit the accused as the state was relying on a single witness, and the court should apply the cautionary rule. In mitigation of the sentence, the defence asked for 15 years imprisonment indicating that the accused is 27 years of age, and he is young and can still be rehabilitated.
In sentencing, the court found the accused guilty and sentenced him to life imprisonment on count one and 1-year imprisonment on count two, which is to run concurrently with life imprisonment. The accused name was also ordered that it should be listed on the national sexual offences register and was also declared unfit to possess a firearm in terms of section 103 of the Firearm Control Act. All cases of sexual violence encroach on the rights to dignity and privacy of the victims as enshrined in our constitution hence the NPA aggressively prosecutes these cases. The National Prosecuting Authority hopes that the sentence will provide some justice and closure to the victim and her family as it ensures that this violent criminal is removed from the streets.
