A 54-year-old Mabopane man has been sentenced to life imprisonment for raping a 17-year-old girl with an intellectual disability in Mamelodi, after her father discovered him half-naked with the teenager inside a house.
Piet Tshabalala was sentenced by the Pretoria Magistrate’s Court after the National Prosecuting Authority (NPA) proved his guilt beyond reasonable doubt.
The court also declared him unfit to possess a firearm.
Father discovers victim with accused
NPA spokesperson Lumka Mahanjana said the rape occurred on February 5, 2024, after the teenager’s aunt left her at their residence in Mamelodi to visit a nearby shop.
“While the victim was in the house, Tshabalala came into the house, undressed the victim, and began raping her,” Mahanjana said
The victim’s father arrived at the house to visit her and found her and Tshabalala half-naked.
Tshabalala was then taken to a police station, where the incident was reported.
“The police arrested Tshabalala at the station, and he has been in custody since the NPA successfully opposed his bail application,” Mahanjana said.
The teenager was taken to the Mamelodi Thuthuzela Care Centre, where she received medical care, psychological support and assistance from police and prosecutors.
Accused claimed he was in a relationship with teenager
Tshabalala pleaded not guilty to the charge, claiming he was in a relationship with the victim.
However, prosecutor Andries Ntjana presented evidence from a doctor who examined the teenager at the Thuthuzela Care Centre, as well as testimony from the victim’s parents and aunt.
The evidence proved Tshabalala’s guilt beyond reasonable doubt, according to the NPA.
During sentencing proceedings, Tshabalala, through his legal representative, asked the court to deviate from the prescribed minimum sentence.
His defence cited his status as a first-time offender, his employment at the time of the offence and his responsibility for his three children as reasons for a lesser sentence.
“Ntjana opposed the request, arguing that the seriousness of the offence, the vulnerability of the child and the abuse of trust warranted the prescribed sentence,” Mahanjana said.
He also presented victim impact statements facilitated by court preparation officer Kgomotso Lodi, detailing the profound impact of the offence on the victim’s family.
Court says accused exploited vulnerable child
In imposing sentence, the magistrate agreed with the State that the offence was serious and prevalent in the court’s jurisdiction.
The court found that Tshabalala had taken advantage of a vulnerable child instead of protecting her, and had abused the trust she had placed in him.
The magistrate further noted that the offence violated the rights of a person living with a disability.
The court also emphasised the need for sentences that would deter similar crimes and protect society from perpetrators.
It consequently found no substantial and compelling circumstances to justify departing from the prescribed minimum sentence of life imprisonment.
The NPA welcomed the sentence, saying the case highlighted the need to protect children and other vulnerable people from sexual violence.
