In a historic case, Regional Court Magistrate Eugenia Jacobs sentenced a 55-year-old man to life imprisonment, following his conviction for child rape, sexual assault and illegal possession of 124 child pornography images.

George Herald reports that the case marks a significant milestone as the victim, a four-year-old girl, became the youngest person in South African history to testify successfully in her own rape case.

The victim, who was three years old at the time of the crimes, testified over four consecutive days, demonstrating remarkable resilience despite her young age and limited attention span.

Jacobs sentenced the man to life imprisonment for rape, five years’ direct imprisonment for sexual assault and eight years’ direct imprisonment for possessing child pornography images. The court ordered the sentences to run concurrently, declared him unfit to possess a firearm and mandated his name be entered into the National Register of Sex Offenders. To protect the minor complainant’s identity, the court sealed the record.

Advocate Gerda Marx, the prosecutor, displayed patience and skill, requesting breaks to maintain the child’s focus during testimony and cross-examination. Anatomically correct dolls were used to help the victim demonstrate the abuse she endured.

The court heard that on the evening of August 30, 2020, the victim told her mother, ‘[He] hurt me, he hurt me very much’. The child said that the man instructed her not to tell anyone.

According to National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila, the victim was taken to a doctor for examination and later to the George Thuthuzela Care Centre (TCC), where she reported the incident to the police.

During her testimony, she described her fear of the man. Her mother testified that the child became anxious, avoided people, particularly men, and hid behind her, behaviours that emerged after the trauma.

In aggravation of the sentence, Marx argued there were no substantial or compelling circumstances to deviate from the mandatory minimum sentence of life imprisonment. The child suffered nightmares and required medication for anxiety following the crimes. Marx noted that the man failed to take responsibility for his actions.

Following the sentencing, the man, through his legal representative, announced his intent to appeal both the conviction and sentence, requesting bail pending the appeal. Marx successfully opposed this, and the court ruled that he must begin serving his sentence, as no other court was likely to reach a different conclusion.

Immediately after the ruling, he attempted suicide in court by stabbing himself in the neck with a sharp object and was rushed to the hospital.

Western Cape Acting Director of Public Prosecutions Advocate Tommy Bunguzana praised the young victim for her courage in testifying, which secured justice for herself and her family.

He commended the investigation team, prosecution, TCC staff, court preparation officer and intermediary for their roles in the case.

He also thanked Homeland Security Investigations at the American Embassy for assisting in retrieving the child pornography images, which supported the conviction.

Advocate Bunguzana emphasised that sexual violence violates victims’ constitutional rights to dignity and privacy, and the NPA will continue to prosecute such cases vigorously.

• The man has not been named to protect the minor’s identity.

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