In a rape case that left the 12-year-old victim socially withdrawn and afraid to go to school, Butinyane Motlhoki (20) was convicted and sentenced to 20 years in jail in the Potchefstroom Regional Court Friday, 23 October.
The Regional Court magistrate deliberated for an hour, outlining the aggravating, mitigating and compelling circumstances of the case of the man who raped the pre-teen.
The boy was raped on his way to school and, since then, according to the magistrate the crime has left him socially traumatised, afraid of society and he is currently receiving counselling from Famsa. The magistrate highlighted Chapter 2 Section 28 of the constitution of the Republic of South Africa which describes the rights of the children as being paramount.
“Every child has a right to be protected and not be degraded. This is what you did to the child.
You deprived him of his right not to be degraded; you violated his human dignity and privacy.” “He was a helpless, 12-year-old boy. Though he did not sustain any injuries, rape is an act of violence and a repulsive crime, which strikes the personal core of the victim’s dignity and privacy”, she said.
The crime committed carries a life sentence under Section 51 of 1997. The section states that the prescribed sentence for the rape of someone younger than 16 years is a life sentence. There have to be mitigating and compelling circumstances for a lesser sentence.
But, the accused did not get a life sentence. The magistrate listed substantial factors in mitigation.
Among these were the accused’s show of remorse by pleading guilty and not wasting the court’s time; the fact that he is a first offender, young, single, unemployed and with no children. His parents passed away while he was a child and therefore, he did not receive the necessary grooming. He has never been to school and has been in custody since June 2015.
The magistrate concluded that his name would be included in the national register for sex offenders and the child protection register. The consequence of such an inclusion is that he may not work with children in the future.
“You have the right to appeal the sentence within 14 days from today,” she concluded.
