MAN SENTENCED TO LIFE FOR RAPE OF MINOR WITH SPECIAL NEEDS
30 JULY 2025
MAN SENTENCED TO LIFE FOR RAPE OF MINOR WITH SPECIAL NEEDS
Pretoria, Gauteng – The Pretoria Magistrates’ Court has sentenced Thabo Xolani Masoka (32) to life imprisonment for raping an 11-year-old girl with Down syndrome. Masoka resided in the same block of flats as the victim and her mother.
The incident occurred on 18 September 2022. The victim was with her mother at the mother’s salon on the premises when, at approximately 7:45 PM, the mother began locking up. The victim started walking home, but minutes later, the mother arrived at their flat and realised the child was missing. With assistance from other residents, she searched for her daughter. A witness reported seeing the victim walking with Masoka to his flat. The mother and residents confronted Masoka at his flat, where they found the child sitting. When questioned, he said he does not know why she was there. The residents called the police, and Masoka was arrested on the scene that day. The state successfully opposed his bail, and he has remained in custody since.
In court, Masoka pleaded not guilty, denying the rape and claiming the minor was his girlfriend, they had consensual sex and thought the victim was 17 years old. However, Prosecutor Andries Ntjana presented evidence from a medical doctor and psychiatrist, which proved that the child lacked the capacity to consent. During sentencing, Masoka requested leniency, citing his three children and wife, whom he supports. Ntjana opposed this, and said Masoka’s lacked remorse, he continued to maintain his innocence even after conviction. Furthermore, Ntjana said Masoka betrayed the mothers trust since he was, and a neighbour meant to protect the child. Magistrate Lynn Pillay found no substantial or compelling circumstances to deviate from the prescribed minimum sentence, deeming life imprisonment appropriate.
The National Prosecuting Authority (NPA) welcomes the life imprisonment sentence handed down by the Pretoria Magistrates’ Court for the heinous rape of an 11-year-old girl with a Down Syndrome. This ruling reaffirms the NPA’s unwavering commitment to delivering justice for the most vulnerable members of our society, particularly children with special needs who are often targeted due to their dependence and trust.
The court’s decision to impose the prescribed minimum sentence, despite the accused’s pleas for leniency, underscores our resolute stance that no one is above the law, especially when it comes to gender-based violence (GBV) against defenceless victims. Ends.
Issued by:
Lumka Mahanjana
NPA Regional Spokesperson
Gauteng Division: Pretoria
073 002 0000