A Chatsworth man has been sentenced to seven years in prison for sexually abusing his 14-year-old step-sister. The 35-year-old man, whose identity has not been disclosed to protect that of the victim, was convicted in the Durban Regional Court. According to the charge sheet, the man unlawfully and intentionally had sexual intercourse with the child on several occasions between March and April 2025 at their home.

The teenager's mother reported the matter to the police after discovering what had happened. The accused, a receiving officer at a private medical practice, subsequently handed himself over to the police and was charged. He was granted R3 000 bail but was later convicted in June this year. In handing down the sentence, Magistrate Thobeka Nomvungu said the court had to balance the seriousness of the offence, the interests of society, and the personal circumstances of the accused.

The court considered a probation officer's report, which included the man's personal circumstances, the views of the complainant and her mother, as well as the impact of the offence on the child. The probation officer recommended direct imprisonment, citing the seriousness of the offence and the need to protect vulnerable children. The defence argued that the matter fell into the category of less serious rape cases, relying on the absence of violence or threats and arguing that the complainant had participated willingly.

The State, however, argued that the accused was an adult who, as the girl's stepbrother, had a duty to protect her rather than take advantage of her age and vulnerability. The court found that the child's school attendance and performance had deteriorated after the events and that the accused had betrayed the trust placed in him as a family member. The man was sentenced to seven years' direct imprisonment and declared unfit to possess a firearm and work with children.

The accused's particulars were also entered on the National Register for Sex Offenders. His legal representative brought an application for leave to appeal against both the conviction and sentence in the Durban High Court, arguing that the magistrate had erred in finding the child's evidence reliable. The State opposed the application, arguing that the child's evidence was honest and reliable and that any discrepancies were minor.

The mother of the victim expressed relief after the sentence, saying it had brought a sense of justice and relief to their family. She said she had been devastated when she found out what had happened and had lived with fear for her child's safety. The ordeal had affected her own life, causing her to lose her job and experience anxiety and sleep problems.

The mother believes that, in addition to rape, the man should have faced a sexual grooming charge, saying that he took advantage of her daughter's vulnerability. She said it took counselling, patience, and unconditional love for their relationship to begin healing. The sentence has brought a sense of closure, allowing her daughter to begin rebuilding her life.

Key points

  • The 35-year-old man was sentenced to seven years in prison for raping his 14-year-old step-sister.
  • The accused was also declared unfit to possess a firearm and work with children and was placed on the National Register for Sex Offenders.
  • The victim's mother expressed relief after the sentence, saying it had brought a sense of justice and relief to their family.

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SaharaWire Newsroom
SaharaWire

Reporting for SaharaWire from the Nairobi bureau.