Child rapist sentenced to life imprisonment
A convicted child rapist has been sentenced to life imprisonment in the Middelburg Magistrate Court.
Richard Peter Duncan Davis (33) was arrested at his parental home in Howick KZN after returning from the UK in 2011. In a renewed bail application, Davis said that he was in custody in the UK and he left the country voluntarily to return to South Africa.
The state tried in vain to confirm a suspected previous conviction in the UK where Davis’ name and photo appears on an online sex offenders list as well as in a newspaper report in The Eastern Daily Press. Interpol was requested to assist with comparing the fingerprints taken in Middelburg with those on record in the UK. Court proceedings were postponed for the comparing of the prints, but Interpol failed to do so in time and the court proceeded with sentencing procedures.
Davies pleaded not guilty to charges of rape and sexual assault from 2008 to 2011 from a minor boy. He was found guilty as charged in 2016. During the trial, Davis’s mother, who initially refused to testify against him, told the court that her son admitted doing the deeds he was accused of.
Davis was represented by local lawyer Derick van Wyk who appointed advocate Jacques Pienaar.
During sentencing proceedings, state prosecutor Derick Rowles said that the accused used a position of trust to groom the victim. He also gave gifts to the victim and his father to gain their trust.
In the pre-sentencing report it came to light that Davis offered to pay the accused R5 000 per month for 10 years amounting to a total of R600 000. Mr Rowles said that the offer was a confusing gesture in light of Davis’ total lack of remorse.
He said that the offer implied that Davis indirectly admitted that the victim is suffering and might need counselling but that it rather points to someone trying to buy his way out of imprisonment.
The victim impact report told a tragic story of a young life destroyed. The victim has tried to commit suicide and was admitted to a mental healthcare facility. Whilst in hospital, he had violent outbursts, punched his mother in the face and even encouraged other patients to cut themselves.
He also displays disruptive behaviour at school.
“The life of a young boy has been ripped to pieces by the actions of an adult male,” Mr Rowles said.
He asked for the minimum prescribed sentence to be imposed because the accused shows a lack of remorse, and because it cannot be ruled out that he will commit a similar offence again.
Magistrate Deon Minnie treated Davis as a first offender in the light of the fact that the state could not prove any previous convictions. He sentenced Davis to life imprisonment (25 years) for rape and five years for sexual assault.
The defence has been granted permission to appeal against the sentence.
