A 43-year-old Olievenhoutbosch man has been sentenced to two life terms for raping his girlfriend’s 10-year-old daughter, after a court found that he had exploited the child’s vulnerability and abused the trust placed in him.
The Pretoria Magistrates’ Court further sentenced him to 10 years for two counts of assault with intent to cause grievous bodily harm, with the sentence ordered to run concurrently with the second life sentence.
He was declared unfit to possess a firearm and ordered to be entered into the National Register for Sex Offenders.
NPA Gauteng regional spokesperson Lumka Mahanjana said the National Prosecuting Authority welcomed the sentence following the man’s conviction on two counts of rape.
Man raped child twice
The court heard that the child’s mother travelled to Venda in May 2020 to visit family, leaving her daughter at her uncle’s home in Olievenhoutbosch.
Mahanjana said the man collected the child that day and took her to the home he shared with her mother.
Later that day, he took the child from her bedroom to his bedroom, undressed her and raped her before threatening to kill her if she told anyone.
The following day, after returning from work, he showed the child a toy gun, dragged her into his bedroom and raped her again.
“The second rape occurred despite the child having sustained injuries to her private parts during the previous assault,” Mahanjana said.
The abuse only came to light on December 19, 2020, when the child was visiting her aunt in Diepsloot.
Mahanjana said the man arrived at the house to collect the child for a trip to Venda, but she began crying when she saw him at the gate and disclosed the abuse to her aunt.
The matter was reported to police that same day.
The man was arrested at his residence on January 22, 2021, and remained in custody after the NPA successfully opposed his bail application.
Court rejects plea for lighter sentence
The man pleaded not guilty and denied the charges during the trial.
NPA prosecutor Advocate Corrine Sam presented evidence, including the child’s testimony, which the NPA said proved the case beyond a reasonable doubt.
During sentencing, the man asked the court to deviate from the prescribed minimum sentence, arguing that he was a first-time offender and had four minor children who depended on him.
Sam opposed the application, arguing that the offences were extremely serious and that the man had abused a position of trust.
She argued that he had taken advantage of the child’s vulnerability and the absence of her mother while the child regarded him as a father figure.
The prosecutor further argued that the man had continued with the abuse the following day despite the injuries suffered by the child during the first rape.
Sam submitted that he had shown no remorse and had given different versions of what had happened.
The State also presented a Victim Impact Statement facilitated by Court Preparation Officer Chadd Wentzel.
Through the statement, the victim described the lasting impact of the abuse, including difficulties trusting others, feelings of self-blame and the emotional trauma of being violated by someone she regarded as a father figure.
The court agreed with the State that the man had shown no remorse and had grossly abused the trust placed in him by the child’s mother and uncle.
It found that he had exploited the child’s vulnerability and acted cruelly by using a toy gun to instil fear in her before raping her.
The court found no substantial and compelling circumstances to justify a departure from the prescribed minimum sentence and imposed two life terms for the rape convictions.
NPA vows to pursue sexual offenders
Mahanjana said the sentence demonstrated the NPA’s commitment to prosecuting perpetrators of gender-based violence and sexual offences against children.
“The NPA remains steadfast in its commitment to vigorously prosecuting perpetrators of gender-based violence and sexual offences against children,” she said.
She said prosecutors would continue presenting strong cases, ensuring victims’ experiences were heard and advocating for sentences reflecting the seriousness of such crimes.
The identity of the convicted man has been withheld to protect the identity of the child victim, said Mahanjana.
