Gender-Based Violence Accused Sentenced To 9 Life Terms For Rape

The National Prosecuting Authority(NPA) welcomes a hefty sentence handed down by the Mankweng Regional Court.  The court has sentenced "Kingtoff", a 43-year old man of Nobody Ga Mothapo to nine life imprisonment for the rape of his 10-year-old stepdaughter, three years imprisonment for common assault, 10 years imprisonment for assault with intent to cause grievous bodily harm to the victim’s younger sister, who was 4 years old at the time and 6 years imprisonment for assault with intent to cause grievous bodily harm on his wife. (Full names of the accused are concealed to avoid secondary victimisation of the two minor children)

The court heard that between 2015 and November 2016, the accused poured paraffin on the victim’s younger sister who was 4- years- old and set her alight. She suffered serious burns all over her body. The mother was not at home at the time. The accused did not take the child for medical attention until she healed naturally. On another occasion, the accused assaulted the mother and the child with a trowel and they suffered serious injuries, and again they did not receive any medical attention.  

The daughter informed her mother each time the accused raped her and she would mark the dates on the calendar.  The child will be called into a room, where the accused will forcefully undress and rape her. Whenever the mother confronted the accused about raping the victim, the accused would assault her too. Accused never allowed the children to go and play without his permission or their mother to go out without his permission.

All the incidents were reported to the police,  but the accused was never arrested until the matter was reported again to the police in November 2016, after the teachers noticed the injuries on the child’s body.  The children’s school performance deteriorated and they repeated grades, and they are unable to talk about the incident as it reminds those of the trauma. During the trial,  the accused pleaded not guilty to the charges. The state, represented by Adv. Makgomothi Masehela led the evidence of five witnesses including two forensic nurses who testified about the genital injuries sustained by the victim and also handed in the J88 forms.

The case was challenging, in that the victim was 10-years-old when she was raped and no DNA results were available at the time of the trial. The Victim Impact Report of the victim that was prepared with the assistance of the Social Worker from Mankweng Thuthuzela Care Centre,  Mmatjatji Ngoasheng, was handed in during sentencing. The mother of the victim reported that the accused would lock them in the house,  and refused their contact with relatives and neighbours. They would use buckets to relieve themselves while waiting for the accused to come back and unlock the doors.

Medical reports indicate the mother won’t be able to reproduce as she suffered serious damage to the womb. The Pre-Sentence Report for the accused was also handed in and the Probation Officer Maphela Sefalafala recommended that the accused must be sentenced to nine life terms for the rapes. The Presiding Officer, Fanie Reynolds, could not find any compelling circumstances to deviate from the prescribed minimum sentence and sentenced the accused to life imprisonment for rape as prescribed. The Presiding Officer remarked that “the accused’s actions are shocking and inconceivable and the accused may not be rehabilitated”.

The Director of Public Prosecutions (DPP) commends the sentence handed down, as it will serve as a deterrent to abusive stepfathers to stop preying on their stepchildren. She also thanked the investigating officer Sergeant Chuene Selolo for outstanding work in probing the case to its finality.

Enquiries: Mashudu Malabi-Dzhangi

NPA Limpopo Division

mmalabi@npa.gov.za

0748233603/0150450286

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