Mbombela court sentences man (23) who raped 5-year-old girl
A 23-year-old man was sentenced for raping a five-year-old, despite his alibi, as the court considered victim testimony and medical evidence.
A 23-year-old man was sentenced to 20 years’ direct imprisonment by the Nelspruit Sexual Offences Court for raping a five-year-old girl.
Mpumalanga News reports the NPA’s regional spokesperson, Monica Nyuswa, says the accused was a close friend of the victim’s father.
“In December 2015, the rapist asked the victim to accompany him to a nearby shop to buy some items. While on the way, he lured the victim to an isolated toilet and raped her,” she adds.
Nyuswa explains the victim returned home crying and told her mother that she was feeling pain in her private area. Her mother checked and noticed the injuries. The victim proceeded to tell her mother about what had happened.
“The victim was taken to a nearby medical centre, and the man was arrested and charged. The accused pleaded not guilty and submitted documentary evidence as an alibi to prove that he was attending a gala dinner on the day of the incident.”
In 2022, the victim did not testify in court due to her age, therefore, the state applied for her to testify with the assistance of intermediary services.
The state prosecutor, Leana Jones, presented compelling evidence from the victim’s mother and that of the victim. A J88 medical report showing injuries to the victim’s private parts was submitted as part of the evidence. The court found the state witnesses competent and rejected the accused’s version. The accused was convicted of rape of a minor.
In aggravation of sentence, Jones argued that the court impose a sentence that reflects the seriousness of the offence and argued against deviating from the prescribed minimum sentence.
The rapist submitted mitigating factors which the court took into consideration. The court deviated from the prescribed ordained sentence and sentenced him to 20 years’ direct imprisonment.
“The court ordered his name be entered into the National Register for Sexual Offenders and he was declared unsuitable to work with children under Section 120 of the Children’s Act 38 of 2005,” Nyuswa adds.
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