Attorney Sentenced To Two Life Terms And 4 Years For Raping And Assaulting Wife
The High Court of South Africa: Eastern Cape Local Division, Grahamstown, sentenced an East London attorney to two life prison terms and an effective 4 years for raping and grievously assaulting his wife. The 49-year-old attorney was sentenced to two life terms of imprisonment for raping his wife twice, in February 2012 and in May 2019. He was further sentenced to a total of 4 years for two counts of assault with intent to do grievous bodily harm. Judge Judith Roberson ordered that the sentences run concurrently, meaning that he will serve life imprisonment.
His application for leave to appeal, against two counts of rape and one count of assault with intent to do grievous bodily harm was refused. Furthermore, his application for leave to appeal against the sentences in the two counts of rape was refused. Finally, his application for bail pending his petition to the Supreme Court of Appeal for leave to appeal was refused. Therefore, the attorney was taken into custody to commence serving his sentence. He was found guilty in November 2021.
Judge Roberson had rejected his defence that he lacked criminal capacity, caused by a combination of alcohol abuse and a diagnosis of Attention Deficit Hyperactivity Disorder (ADHD). Judge Roberson concluded that his actions were focused and goal-directed. The man also admitted in court that he enjoyed watching violent pornographic material and added that some of the violent sexual acts he performed on his wife, were done with her consent. Judge Roberson, however, accepted the version of the victim, because it was corroborated with evidence. She rejected the man’s version of what had transpired.
In her judgment on the sentence, Judge Roberson commented on the accused evidence in respect of the sentence that he was sorry that the court's time had been wasted, as the court should be concentrating on "real rapes and real criminals". The Judge stated that marital rape was an extremely serious offence.
On 15 February 2011, the man and his wife, were at their home in Beacon Bay East London, when she discovered messages from another woman on his mobile telephone. The wife was about 10 weeks pregnant at the time with the couple's second child. She confronted her husband and a physical fight ensued. He grabbed her by the throat and with force, pushed her against a wooden sliding door. She sustained injuries on various parts of her body.
The couple celebrated Valentine’s Day at a guest lodge in East London on 14 February 2012, the husband spent the latter part of the evening drinking with others, while the wife went to sleep. He returned during the evening, woke her up and demanded sex. She refused and he then instructed her to undress. A struggle ensued, and the man pushed his wife down, strangled her and hit her head against the floor and then forced her to go outside into the bushes while she was naked. When they returned to their room, he performed violent sexual acts on her, which included rape. Moreover, he forced her to perform forced oral sex on him. She fell ill thereafter and reported the abuse to her doctor and mother.
Seven years later, on 11 May 2019, the couple attended a function together in East London, where he consumed alcohol. When they arrived home, he demanded sex from her and she refused. He followed her around while they were inside the house and wanted to take pictures of her as she was naked. She then tried to grab the phone, however, the man grabbed her by the throat, pinned her down with his knees and strangled her. He then pulled her into their bedroom where the assault continued.
He performed further violent sexual acts on her, which included rape. He also forced her to perform oral sex on him. The beatings, rapes and violent sexual acts continued throughout the night, to the point of her bleeding and sustaining significant physical injury. The man took videos of these crimes, using the woman’s cellphone. He then transferred the videos to his phone using WhatsApp.
She reported the matter to her mother the following day and the man was arrested a few days later. Senior State Advocate Nickie Turner is the prosecutor for this case.
For further enquiries:
Anelisa Ngcakani
NPA Regional spokesperson
Eastern Cape Division
083 593 0833