Life imprisonment for raping friend’s daughter

The Pretoria Regional Court has sentenced a 55 year old Nellmapius man  to life imprisonment for rape.
The man was sentenced on 22 August 2019 for the rape and sexual assault of a minor.
The minor was 12 years old at the time of the rape and 5 when she was sexually assaulted.

“The man, who cannot be named to protect the identity of the complainant, hosted the little girl and her family when the incident happened. He lured the girl to a backroom shack whilst the gathering continued inside his RDP house, where he forced the minor to stroke his private part and thereafter forced himself on her,” NPA Gauteng Regional Spokesperson, Hurbetin Phindi Mjonondwane said.

State Prosecutor, Advocate Don Sithole presented evidence of the complainant, corroborated by hearsay evidence of her friend which was submitted in court as per the Law of Evidence Amendment Act 45 of 1988 as the friend had relocated to an unknown destination.

In addressing the court on merits, Advocate Sithole argued that despite the challenge of the absence of male DNA on the complainant, he nevertheless presented the evidence of the complainant in a logical and sequential fashion which was further corroborated by the viva voce evidence of the medical Doctor who examined the complainant. Notwithstanding the fact that the complainant’s friend, was untraceable, Advocate Sithole successfully presented her hearsay evidence by means of the provisions of section 3(1)(c) of the Law of Evidence Amendment Act 45 of 1988.

READ MORE: Man arrested in Pta for alleged rape and kidnapping

In aggravation of sentence, Advocate Sithole presented the court with written heads of arguments wherein he submitted that the accused preyed on a young, defenceless and vulnerable child. He further submitted that in perpetrating the offences, the accused betrayed the trust relationship that existed between both his and the complainants’ families. He further argued that the accused actions deprived the innocent complainant of her childhood and left her with permanent emotional scars.

In handing down judgment, Regional Magistrate Johanna Mthimunye, emphasised the need for justice to be seen to be done and for the sentence to reflect the seriousness of the offence and to serve as a deterrent.

“The NPA commends law enforcement authorities for their collective efforts that secured a successful prosecution”, Mjonondwane concluded.

READ MORE: East man gets two life sentences for rape, murder

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