A man who was found guilty of raping a lesbian was sentenced on Wednesday in the Regional Court. The 24-year-old construction worker raped a lesbian in Ezakheni in January this year.
The victim is 22 years old and was a virgin before the rape. She has been in a committed relationship with another female for the last two years, of which community members are aware.
On the night of the rape, the man claims he was robbed of some money and went to look for his attackers in an attempt to recover the cash. He was intoxicated at the time and when he stumbled upon the 22-year-old, he took her home with him. The rape was therefore not seen as premeditated and preconceived. He raped her three times, twice without a condom and once with a condom.
The accused was on parole for housebreaking at the time of the rape. He has been convicted for housebreaking and robbery on two previous occasions. While on the witness stand in a previous court appearance, the accused became violent. It was also noted that the accused did not show any remorse for his actions. The judge pointed out that due to his violent tendencies, the court has to consider the interests of society.
Although this was the victim’s first sexual encounter with a man, according to medical reports she did not sustain any permanent bodily damage. There was also no evidence of serious emotional trauma. The court sees several rape cases on a daily basis, but this is the first case of this nature.
The defence lawyer said it should not be treated any differently to other rape cases and the fact that the accused was drunk at the time should be taken into consideration.
In reply, the judge said that while the accused was raping the victim, he said he wanted to make her pregnant and teach her a lesson not to fall in love with other girls. Therefore this classifies the rape as ‘correctional rape’, which the court said will not be tolerated.
The accused was sentenced to 15 years in prison, without bail for 10.He has also been declared unfit to be in possession of a firearm.
SA’s post-apartheid constitution was the first in the world to outlaw discrimination based on sexual orientation. SA is the fifth country in the world and first in Africa to legalise same-sex marriages.
