An Elderly Man Who Attempted “Ukuthwala” An 18-Year-Old Was Sentenced To Life And 17 Years

The Greytown Regional Court, sentenced a 60-year-old man to life and 17 years imprisonment, following his conviction of rape, two counts of sexual assault and kidnapping. The man knew the victim’s relatives as they attended the same church. The victim was 17 years old at the time and lived with her relatives as she is an orphan. The offences took place from February to July 2019, and at some point, before this, the man asked the victim’s relatives to arrange a suitable bride for him, even though he was already married to two wives and five children.

The victim’s aunt chose her to be his bride, and after much coercion from her family, the victim agreed to marry him.Upon meeting him, she changed her mind when she realized his age, however, her family and the accused refused to accept her rejection of the accused. The accused arranged with her family to take her to a room that he rented in Greytown. There, he attempted to rape her and when he failed to do so, he then put her in his car and drove her to a bushy area outside Greytown, where he tried again tried to rape her, but she fought him off.

She returned home and informed her family about what had happened, but nothing was done, and the family proceeded with pre-marital rituals, including the payment of lobola, fully aware that the complainant was resisting. The victim was then kidnapped by the accused and taken to his home in Ntembisweni, where she was held captive and repeatedly raped by him. She was rescued 10 days later when social workers received information about a young girl continuously crying in the accused’s home. With the assistance of the police, the social workers infiltrated the house and found the victim handcuffed to the metal leg of a table. She immediately reported the kidnapping and rape.

In court, the man raised the defence of the traditional practice of ukuthwala, however, the court rejected his argument and convicted him accordingly. In the state’s case, Regional Court Prosecutor Premie Naidoo led the evidence of the victim, a friend who was in her company at the time of the kidnapping, the social worker and police officer who rescued her, as well as a medical doctor who confirmed that the victim sustained extensive injuries, due to the trauma of the forced sexual intercourse over the 10 days she was held captive.

Naidoo also submitted a Victim Impact Statement wherein the victim said, “Since this incident, I isolate myself because I hurt so much emotionally. He has destroyed my life and my future. I have tried suicide a few times but was saved. I just wish the court can do justice for me as I became a laughingstock after being kidnapped and raped.” The man was sentenced to life imprisonment for rape, 12 years imprisonment for the two counts of sexual assault and 5 years imprisonment for kidnapping. He will effectively serve a term of life imprisonment. The court deemed him unfit to possess a firearm.

The NPA acknowledge the successful prosecution and we hope that the sentence metered out will provide some solace to the victim, given the accused’s horrendous actions. We commend the work done by the Prosecution and Investigating team, and we trust that this sentence will have the necessary deterrent effect on like-minded people.

Note: The NPA’s media statements are available on the website: www.npa.gov.za

Issued by

Natasha Ramkisson-Kara

NPA Regional Spokesperson

KZN Division

Enquiries: nramkisson@npa.gov.za / 0716700229

 

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