Pretoria man sentenced for rape of 11-year-old with Down syndrome
The accused, who was sentenced to life, asked for leniency after being found guilty. He claimed he thought the victim was 17 years old. The magistrate however said she saw no reasons for deviating from the prescribed sentence, as the man had shown no remorse.
The Pretoria Magistrates’ Court handed down a life sentence to a 32-year-old man found guilty of raping an 11-year-old girl with Down syndrome.
Thabo Xolani Masoka (32) was sentenced on July 31 for the incident that took place on September 8, 2022.
The National Prosecuting Authority (NPA) welcomed the life imprisonment sentence, describing Masoka’s actions against the child as heinous.
“On the day of the incident, the victim was with her mother at the mother’s salon when, at approximately 19:45, the mother began locking up,” said NPA Regional Spokesperson, Lumka Mahanjana.
The victim started walking home before her mother, who minutes later arrived at their flat and realised her child was missing.
The mother and neighbours eventually traced the child to Masoka’s house.
“The mother and residents confronted Masoka at his apartment, where they found the child sitting. When questioned, he said he did not know why she was there.
“The residents called the police, and Masoka was arrested on the scene that day. The state successfully opposed his bail, and he has remained in custody since,” Mahanjana said.
In court, Masoka pleaded not guilty, denying the rape, and claiming the minor was his girlfriend, they had consensual sex and said he thought that the victim was 17 years old.
However, Prosecutor Andries Ntjana presented evidence from a medical doctor and psychiatrist, who proved that the child could not consent.
During sentencing, Masoka requested leniency, referring to his three children and wife, whom he supports.
Ntjana opposed this, saying Masoka lacked remorse, as he continued to maintain his innocence even after conviction.
Magistrate Lynn Pillay found no substantial or compelling circumstances to deviate from the prescribed minimum sentence, deeming life imprisonment appropriate.
“This ruling reaffirms the NPA’s unwavering commitment to delivering justice for the most vulnerable members of our society, particularly children with special needs who are often targeted due to their dependence and trust.
“The court’s decision to impose the prescribed minimum sentence, despite the accused’s pleas for leniency, underscores our resolute stance that no one is above the law, especially when it comes to gender-based violence (GBV) against defenceless victims.”
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