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Ex-police sergeant Thembalethu Gqeku's abuse of power and trust led to a 20-year prison sentence for raping a 17-year-old.
Thembalethu Gqeku raped a 17-year-old victim in a police station. Picture: Supplied.
A former police sergeant, who took advantage of his position to rape a victim who came to the police station for help, has been sentenced to 20 years imprisonment.
The Qumrha Regional Court in the Eastern Cape sentenced 50-year-old Thembalethu Gqeku for raping a 17-year-old girl inside the detectives’ office in the Kei Mouth Police Station on 8 August 2022.
Before being found guilty and given his sentence this week, Gqeku filed an R3.5 million civil claim against the National Prosecuting Authority (NPA) for malicious prosecution after the case was initially dropped.
NPA regional spokesperson Luxolo Tyali said the case was withdrawn at first because the victim was unable to explain herself well during consultation with the prosecution due to trauma. She needed to receive psychological and clinical therapy before the case could be re-enrolled.
When the rape happened, the victim was picked up from a nearby shop in the sleepy town of Kei Mouth by Gqeku, who was on duty and using a state vehicle.
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The victim had opened a domestic violence case against her ex-boyfriend, and the sergeant took her by pretending he needed another statement.
“Once inside the office, Gqeku closed the door and proceeded to rape the petite victim on top of the table. The young woman managed to fight back, injured him on the head using an empty bottle, and ran to the charge office screaming,” Tyali said.
The teenager identified her alleged rapist, but unfortunately, Gqeku’s on-duty coworkers, including the acting station commander at the time, did not make an arrest. According to reports, one officer made fun of the victim by asking if she was high on drugs again.
The sergeant was only arrested ten days later by the Independent Police Investigative Directorate (Ipid).
During Gqeku’s trial, he pleaded not guilty, claiming he was a victim of assault by the teenager who was high on drugs.
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Senior Public Prosecutor Thango Pangalela led the testimony of the complainant, an on-duty police officer, and a medical professional from the Cecilia Makhiwane Hospital Thuthuzela Care Centre (TCC).
The state skilfully cross-examined the accused and refuted his version of events. The state’s submitted medical report also ruled out drug use by the victim.
Delivering judgment on the sentence, Magistrate Joseph Govuza agreed with the state that the aggravating circumstances – that Gqeku used a state car, drove the victim to the police station, and raped her in an office while other persons were present – were unavoidable.
The defenceless young victim, who is the same age as Gqeku’s son, went to the police station believing it was the safest place.
Gqeku has since quit the police and has been a security guard until his conviction.
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In the victim impact statement, the teenager said she now hates the police and can’t even stand their sight.
“The state asked for the court to deviate from the prescribed minimum sentence of 15 years imprisonment by adding five more years because Gqeku had brought the whole criminal justice system into disrepute,” Tyali said.
“The court agreed and concluded that he was an unrepentant and unremorseful person whose conduct on the day was extremely outrageous.”
Barry Madolo, the director of public prosecutions for the Eastern Cape, praised the victim, the prosecuting team, the TCC employees, the court preparation officers, and the Ipid investigators for their careful gathering and presentation of evidence in court.
“He added that the state will always be on the side of the victims, particularly the marginalised and vulnerable, in the face of the scourge of gender-based violence,” Tyali concluded.
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