NPA SECURES ANOTHER STRONG PRISON SENTENCE FOR GBV VICTIM

The National Prosecuting Authority has once again secured a strong prison sentence as it continues its unabated fight against the scourge of gender-based violence after the Worcester Regional Court sentenced rapist, Gerald Joseph, to an effective life imprisonment. The court convicted Joseph on three counts of assault with intent to cause grievous bodily harm, kidnapping and rape.

The court sentenced him to ten years' direct imprisonment for each count of assault with intent to cause grievous bodily harm, five years' direct imprisonment for kidnapping and life imprisonment, bringing his total sentence to life imprisonment and 35 years' direct imprisonment. The court ordered his name to be entered into the National Register for Sex Offenders, ordered the State to inform the victim should the accused wish to apply for parole or be considered for such and declared him unfit to possess a firearm.

The commendable conviction and sentence are the results of the tireless work of regional court prosecutor Chantal de Vos and investigating officer, Warrant Officer Anthony Van Rooy of the Ceres Family Violence, Child Protection and Sexual Offences (FCS), who proved the value of cooperation in fighting the bane of gender-based violence (GBV) in our society.

De Vos led evidence which revealed that the 31-year-old accused and the 25-year-old victim were previously in a romantic relationship. There were two incidents of violent attacks on the victim, with the first happening on 23 April 2023 at Sterkwater Farm in Prince Alfred Hamlet, where the accused attacked the victim while she was socialising with friends. He started stabbing her on the arm and back without provocation, leaving her with three stab wounds. Police were called, and they dropped her off at the local hospital, but did not arrest the accused.

The second incident happened on the same farm on 25 June 2023, where the accused fetched the victim from her friend’s house and took her to his house. On the way, they argued, and he punched her in the eye, and when they arrived at his house, he picked up a brick and hit her on the head. He also picked up a chair and hit her on her back, and then forced her into his house. Her aunt, who witnessed the violent attacks, called the police and accompanied them to his house, where she found half naked following her rape. Police arrested him, but they released him the next day for rebellious behaviour. The victim opened a case the following day with Warrant Officer Van Rooy assisting her and arresting the accused for the assaults, kidnapping, and rape.

At the beginning of the trial, the accused pleaded not guilty, denying assaulting, kidnapping, and raping the victim and claimed he was defending himself against the accused. De Vos led the victim in her testimony, her aunt and submitted a doctor’s report of injuries. She also submitted a pre-sentence report and a Victim Impact Report following his conviction. In her arguments in aggravation of sentence, De Vos told the court that the accused exploited his former intimate relationship with the victim to exert control and inflict harm. The accused not only raped her, but he also subjected her to repeated violent assaults and deprived her of her freedom. This is an indication of a pattern of sustained abuse, not an isolated incident. She further argued that there were no substantial and compelling circumstances that justified a departure from the prescribed minimum sentences. The court agreed and sentenced the accused as per the prayers of the State.

Western Cape Director of Public Prosecutions, Adv Nicolette Bell, vowed that the fight to reduce the blight of GBV in our society will continue with maximum resources allocated to ensure that victims get justice, psychosocial support and all the other necessary support they need to recover from the horrendous experiences.

Issued by:

Eric Ntabazalila

National Prosecuting Authority

Regional Communications Manager – Western Cape