LIMPOPO – The National Prosecuting Authority has welcomed the sentence handed down to a 34-year-old who raped his niece, who was 12 years old at the time of the incident.

According to Limpopo NPA spokesperson Mashudu Malabi-Dzhangi, the victim watched TV with her siblings at their home when the accused called them to his home.

“On March 2019, the accused sent other children to a nearby shop and remained with the victim. He called her into a shack, undressed her and placed her on the bed before raping her. When the other children came back, he told them that the victim went home, however, one of the children entered the shack and saw the victim. The other children also managed to see her and the accussed gave them R20 to go and buy snacks and instructed them to not tell anyone,” she explained.

The children reported the matter to their neighbour who informed the victim’s mother.

Malabi-Dzhangi said the accused pleaded not guilty to the charge. “The state, represented by advocate Makgomothi Masehela, led the evidence of three witnesses including a doctor who testified about the injuries that were sustained by the victim and also handed in the J88 form. The victim’s aunt was not called to testify as she had earlier indicated that she wanted the matter to be withdrawn but her request was turned down by the state.”

She added that the case was difficult as there were no DNA available at the time of the trial. “A victim impact report that was prepared with the assistance of Mankweng Thuthuzela Care Centre social worker Mmatjatji Ngoasheng, was handed in during sentencing.”

The victim, now 14 years old, reported that she sustained injuries to her genitalia and felt pain when urinating for almost two weeks after the incident. “She went to seek medical attention. She felt humiliated and helpless to defend herself from the accused who ordered her not to scream when she felt pain.”|

Malabi-Dzhangi added that the girl now lives in fear, does not feel safe to be left home alone and struggles to trust men.

“Her self-esteem has been affected negatively as her mother stopped her from wearing short clothes to avoid grabbing the attention of men. She also experiences nightmares and is absent-minded. She is unable to talk about the incident with family members as they had forced her to forgive the accused at a family gathering in which elders decided that charges must be dropped. Her academic performance has also dropped and she had to repeat grades as she could not concentrate in class,” she explained.

Family members confirmed the accused apologised at a gathering and that they had agreed that charges should be dropped. “The state refused their request in order to protect the minor victim. They added that they feel humiliated by the incident as it affected the whole family negatively.”

Probation officer Modjadji Ramoraswi recommended that the accused be sentenced to life imprisonment for rape in the pre-sentencing report, and presiding officer Karin Pillay could not find any compelling circumstances to deviate from the prescribed minimum sentence.

The accussed appeared in the Mankweng Regional Court today (December 10) where he was sentenced to life imprisonment.

NPA advocate Ivy Thenga commended the SAPS and prosecutor for their sterling job and hopes that families will stop intervening in these types of offences as the child victim will never get justice if these cases are not reported.

Thenga further encourages women to be there for their children.

Meanwhile, Social Development MEC Nkakareng Rakgoale welcomed the sentence and added that harsh punishment by the courts of law helps to deter would-be abusers of women and children.

“We welcome the sentence as it sends a very strong message to people who disregard the law and rape the vulnerable people of society, especially children. Our courts are taking decisive and appropriate action against people who undermine the rights of women and children. This is indeed a proper way of ending the 16 Days of Activism for No Violence Against Women and Children awareness campaign and we want to take this opportunity and commend the police, social workers and the NPA for their sterling work,” concluded Rakgoale.