A 49-year-old Northern Cape man has been sentenced to 25 years’ direct imprisonment in the Kimberley Sexual Offences Court for raping a woman in the presence of her toddler after breaking into their home.
Ernest Khoza was convicted on charges of rape, housebreaking with intent to rob, and robbery with aggravating circumstances.
The crime took place in Warrenton in 2018. The court heard that Khoza and another man broke into a residence and held the occupants, a 37-year-old woman, her husband, and a two-year-old child, at gunpoint. During the ordeal, the woman was raped in the presence of her toddler. The court heard that the men wore balaclavas in an attempt to conceal their identities.
The State presented compelling circumstantial and forensic evidence, including DNA evidence that linked Khoza to the crimes.
The court convicted Khoza on the charges against him and sentenced him to 15 years’ imprisonment for housebreaking with intent to rob and robbery with aggravating circumstances, and 15 years’ imprisonment for rape.
In terms of section 280 of the Criminal Procedure Act, five years of the sentences will run concurrently, resulting in an effective sentence of 25 years’ direct imprisonment.
The court further ordered that Khoza’s name be entered into the National Register for Sex Offenders and declared him unfit to possess a firearm.
The second accused, Thabang Molebedi, was found not guilty and discharged in terms of section 174 of the Criminal Procedure Act. The evidence presented did not link Molebedi to the offences, and neither the complainant nor her husband was able to identify him as one of the perpetrators.
The provincial spokesperson for the National Prosecuting Authority (NPA), Mojalefa Senokoatsane, said it trusts this conviction and substantial sentence will provide some measure of justice, closure and solace to the victim and her family, knowing that the perpetrator has been held accountable for his actions.
“This conviction underscores the critical role of forensic evidence and meticulous prosecution in securing justice for victims of serious violent and sexual offences, even where many years have passed since the commission of the crimes. It further demonstrates the NPA’s unwavering commitment to ensuring that perpetrators of gender-based violence and related offences are successfully prosecuted and appropriately punished,” Senokoatsane said.
