Uncle sentenced to life for raping niece (12)
The NPA welcomed the sentence and encourage members of the community to come forward and report incidents, regardless of how long ago they occurred.
A 41-year-old man was recently sentenced to life imprisonment by the Benoni Regional Court for raping his 12-year-old niece on three occasions in Etwatwa between 2019 and 2021.
He was also sentenced to five years’ imprisonment for assault with intent to cause grievous bodily harm. The sentences will run concurrently.
Furthermore, his name has been added to the National Register for Sex Offenders, and he has been declared unfit to work with children.
The National Prosecuting Authority (NPA) welcomed the sentence.
According to NPA spokesperson Lumka Mahanjana, the offences were committed between October 2019 and June 2021, when the child was living with her grandparents and older sister in Etwatwa.
During this period, her uncle raped her on three separate occasions.
“The first incident occurred in October 2019 during a wedding at the grandparents’ home. The uncle had attended the wedding and, later that evening, the minor went to the outside toilet.
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“While she was inside the toilet, the accused entered, closed the door and raped her. He threatened to kill her if she disclosed what had happened to anyone.”
The second and third incidents occurred when the child was home alone while her grandmother was at work. The accused would visit the house, close the door, push the child to the floor, rape her and assault her.
“The offences came to light in June 2021 when the minor’s sister became concerned about a change in her behaviour and asked her what was wrong.
“The child then disclosed the incidents to her sister, who reported the matter to their grandmother. The grandmother subsequently reported the matter to the police,” added Mahanjana.
Following police investigations, the uncle was arrested on September 26, 2022, at Boksburg Prison, where he was already serving a five-year sentence for sexual assault.
During the trial, the uncle pleaded not guilty and denied raping the child.
However, Regional Court Prosecutor Refiloe Neluonde presented the evidence of the child, who testified through intermediary services, as well as that of her sister.
The evidence proved the state’s case, resulting in his conviction.
“During sentencing proceedings, the uncle, through his legal representative, requested the court to deviate from the prescribed minimum sentence, arguing that he had already spent more than three years in custody awaiting trial,” said Mahanjana.
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Prosecutor Neluonde opposed the request, arguing that a sentence of life imprisonment was warranted.
She submitted that the uncle had committed the offences while on parole in another matter and had exploited the child’s vulnerability and the trust associated with their family relationship.
Instead of protecting his niece, he abused his position of trust and repeatedly subjected her to sexual violence. She further argued that the uncle had shown no remorse, as he continued to deny the offences and had failed to take responsibility for his actions.
In delivering judgment, Acting Regional Court Magistrate Mamelo Mafisa agreed with the state’s submissions, finding that the uncle had abused the trust placed in him and had shown no remorse.
The court found no substantial and compelling circumstances to justify deviating from the prescribed minimum sentence and consequently imposed life imprisonment.
The Director of Public Prosecutions in Gauteng, Advocate Sibongile Mzinyathi, welcomed the sentence and commended the prosecutor and investigating officer, Warrant Officer Mafuko Alfred Shokwane of the Benoni Family Violence, Child Protection and Sexual Offences (FCS) Unit, for their work in securing the conviction and sentence.
“The NPA hopes that this sentence will send a strong message that sexual offences committed against children and other vulnerable members of society will not be tolerated and that perpetrators will be held accountable.
“The NPA urges members of the public not to be deterred by the passage of time when reporting sexual offences. Such crimes should be reported to the police, regardless of how much time has elapsed, to ensure that perpetrators are brought to justice,” said Mzinyathi.
