Mtubatuba rapist jailed for life

Mtubatuba Regional Court this week sentenced a man (49) to life imprisonment for the rape of a woman (41) in August 2022.

The man and the victim were known to each other, and the offence took place in the Makhowe area of Hluhluwe.

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The court heard that on the evening of 5 August, the victim was walking home after spending time at her neighbour’s house, when she saw the accused standing near the gate of her homestead.

She immediately recognised him as he was known to her, and because the outdoor lights from the neighbour’s house enabled her to see clearly.

The victim tried to run but fell backwards. The accused pressed her down and repeatedly assaulted her on the face with a clenched fist and an open hand.

While the victim was fighting to get up, the accused placed a knife to her chest and threatened to kill her. He then raped her, kicked her, swore at her, and fled the scene.

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The victim, who was bleeding from her face, got up and went to her homestead, where she reported the incident to her sister.

The neighbours and community members were also alerted, and the accused was traced to his homestead and arrested.

The victim was taken to a nearby hospital, where she was examined by a doctor. DNA samples were also taken.

Representing the State, the prosecutor, Siphelele Precious Mdluli, led the evidence of the victim, her sister, and the doctor who examined her.

The State further submitted the J88 form and DNA evidence, linking the accused to the case.

While the State had charged the accused with rape read with the minimum sentence for life imprisonment, alleging that the accused had inflicted grievous bodily harm on the victim, the court found that the injuries were not grievous, but rather that of common assault.

This finding by the court meant the accused could have been given a sentence less than that of life imprisonment.

However, Mdluli convinced the court to impose life imprisonment by advising the court that the accused had a previous rape conviction from 2009, which had not deterred him from further offending.

Mdluli also submitted a victim impact statement compiled by the victim and facilitated by court preparation officer Sthembile Cebekhulu.

In her statement, the victim said she did not feel safe in her neighbourhood as the incident had occurred at her front gate.

Once convicted, the man was sentenced to life imprisonment and declared unfit to possess a firearm.

The court further ordered that his name be entered into the National Register for Sex Offenders.

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