Man Sentenced to Life Imprisonment for Rape of his Minor Niece

02 April 2025

Man Sentenced to Life Imprisonment for Rape of his Minor Niece

The Nelspruit Sexual Offences Court convicted and sentenced a 43-year-old man from Barberton to life imprisonment for rape of his eight-year-old niece. The accused’s name will be withheld from the statement to protect the victim from secondary victimisation. The victim and the accused were residing in the same house.  In May 2022, the victim came back from school, and the accused called her to his room. When she got inside his room, the accused started undressing her before raping her. The victim did not tell anyone and asked her mother if she could go and visit her father. Upon her arrival at her father’s place, she became emotional and started crying, indicating that she did not want to return to her mother’s place. When the father asked why she did not want to go back to her mother’s place, she then reported the rape ordeal to him.  The victim was taken to the local hospital for medical examination. The matter was reported to the police, and the accused was arrested. 

In court, the accused pleaded not guilty and testified that the victim’s mother framed him so that he could vacate the family house. State prosecutor Jacqueline Letsoalo led credible evidence of the father and the nurse whose testimony confirmed that the victim was raped. J88 medical report showing injuries to the victim’s private part was submitted as evidence. Magistrate Cloete expressed the court's satisfaction with the evidence presented by the state, rejecting the accused’ version.

In aggravation of the sentence, Prosecutor Letsoalo argued that the accused was in a position of trust, and a relative who was supposed to protect the victim and not to violate her, addressing the court to impose a prescribed minimum sentence of life imprisonment. Magistrate Cloete found no substantial or compelling reasons to deviate from the prescribed minimum sentence of life imprisonment and sentenced the accused to life imprisonment.The accused was declared unfit to posses a firearm and the court ordered his name to be entered into the National Register for Sexual Offenders.

This sentence underscores the seriousness with which the criminal justice system addresses gender-based violence. Sexual violence not only violates the dignity and privacy of victims, as protected by the Constitution, but also erodes societal trust. The National Prosecuting Authority (NPA) continues aggressively prosecuting these cases to ensure justice for all victims.

Issued by:

Monica Nyuswa
NPA Regional Spokesperson
DPP Mpumalanga
0130450625
0764855446
mnyuswa@npa.gov.za