The National Prosecuting Authority (NPA) in South Africa has secured an 18-year direct imprisonment sentence against a 27-year-old man convicted of raping his cousin in the Mpumuza area of Pietermaritzburg in December 2020. The Pietermaritzburg Regional Court imposed the sentence after finding the accused guilty of raping the complainant, who was nine-years-old at the time of the offence.
The accused was 21-years-old when the crime was committed, and both he and the complainant resided with their grandmother. On the day of the incident, the complainant and the accused were alone at home while their grandmother was at work. The accused entered the complainant’s bedroom and raped her, subsequently threatening to kill her if she disclosed the incident to anyone.
The complainant reported the matter to her mother a week later when she arrived to fetch her for the school holidays. The incident was subsequently reported to the police, and the complainant was referred to the Edendale Thuthuzela Care Centre (TCC), where she received medical and psychosocial support. The accused was later arrested and charged with rape.
During the trial, Prosecutor Nosipho Kunene-Ngcobo led the evidence of the complainant and her mother, who was the first person to whom the offence was reported. The state submitted victim impact statements prepared by the complainant and her mother, facilitated by court preparation officer, Nokuvela Mlotshwa, in aggravation of sentence.
The complainant described the psychological trauma she continues to endure, stating that she no longer feels like a complete human being. Her mother told the court that the incident had profoundly affected her daughter’s emotional well-being, resulting in behavioural changes and negatively impacting her studies.
In sentencing the accused, the court deviated from the prescribed minimum sentence of life imprisonment, citing the accused’s youthfulness at the time of the offence and the principle of proportionality as substantial and compelling circumstances that justified a departure from the prescribed sentence. The accused was sentenced to 18 years’ imprisonment and declared unfit to possess a firearm.
The court further ordered that his name be entered into the National Register for Sex Offenders and the National Child Protection Register. The NPA remains committed to combating sexual offences and gender-based violence, and has expanded the Thuthuzela Care Centre network from 55 centres in 2020/21 to 66 centres currently operating across the country.
Key points
- The accused was sentenced to 18 years in prison for raping his 9-year-old cousin.
- The court deviated from the prescribed minimum sentence of life imprisonment due to the accused's youthfulness at the time of the offence.
- The NPA has expanded the Thuthuzela Care Centre network to provide integrated medical, legal and psychosocial services to survivors of sexual violence.
