NELSPRUIT – An elderly man sobbed uncontrollably as he was sentenced in court for raping a man he was still in a relationship with. Samuel Sibiya (62) who is blinded in one eye appeared in the Nelspruit Regional Court for sentencing on Monday.
Magistrate Mr Roelf Smith had found Sibiya guilty of raping an elderly man (78) and sentenced him to five years’ imprisonment (under correctional supervision at the discretion of the commissioner on the parole board).
“Regardless if people are married or in long-term relationships or dating, you still have to have permission to have sex.”
Smith said clearly the victim had no control over his body as he was drunk at the time and Sibiya had not shown any remorse for his actions.
The rape had occurred near KaBokweni on January 10. Sibiya and the victim had been drinking at a tavern and both were drunk. Later that night the accused had offered to walk the victim home when he had taken the victim into the bushes near a road, half undressed him and sexually penetrated him.
The victim’s wife had become worried that her husband was still not home and had sent their son and his friends to look for their father.
The son and his friends heard voices in the bushes and upon investigation caught Sibiya red-handed in the act.
Probation officer, Mr Sibusiso Ephrahim Maseko, told the court that the victim and Sibiya had still maintained a relationship even after the case had been opened.
Maseko said Sibiya had told him that him and the victim had been in a sexual relationship for years. He said when he had asked the victim, the latter did not deny it. According to Maseko, friends and other community members had also told him that both men had been close for more than 30 years. He said the only one who was still angry at the accused was the wife of the victim as she felt it had put her husband to shame and she wanted justice.
