Family Friend Sentenced for Rape of a Minor

14 April 2025

Family Friend Sentenced for Rape of a Minor

Nelspruit, Mpumalanga - The Nelspruit Sexual Offences Court convicted and sentenced a 23-year-old male from Matsulu to 20 years direct imprisonment for raping a five-year-old minor. The accused was a close friend of the victim’s father. In December 2015, the accused asked the victim to accompany him to a nearby shop to buy some items. While on the way, the accused lured the victim to an isolated toilet and raped her. The victim returned home crying and told her mother that she was feeling pain in her private parts. Upon checking, the mother noticed some injuries, and the victim told her about the rape ordeal. The victim was taken to a nearby medical Centre, and the accused was arrested and charged.

The accused pleaded not guilty and submitted documentary evidence as an alibi to prove that he was attending a gala dinner on the day of the incident. In court, the victim was unable to testify due to her age in 2022, therefore, the state applied for the victim to testify with the assistance of intermediary services. State Prosecutor Leana Jones presented compelling evidence from the victim’s mother and that of the victim, who testified using intermediary services. J88 medical report showing injuries to the victim’s private part was submitted as part of the evidence. The court found state witnesses competent and rejected the accused’s version. The accused was convicted of rape.

In aggravation of sentence, Prosecutor Jones argued that the court impose a sentence that reflects the seriousness of the offence and argued against deviating from the prescribed minimum sentence, given the seriousness of the offence. The accused submitted mitigating factors which the court took into consideration as a result; the court deviated from the prescribed ordained sentence and sentenced the accused to 20 years' direct imprisonment. The court ordered his name to be entered into the National Register for Sexual Offenders, and the accused was declared unsuitable to work with children under Section 120 of the Children’s Act 38 of 2005.

The fight against the scourge of gender-based violence has been aided by the expansion of the Thuthuzela Care Centre footprint across the country from 55 in 2020/2021 to 65 currently. The Thuthuzela Care Centres provide comprehensive services and support to sexual violence. 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