NPA WELCOMES 25-YEAR SENTENCE IMPOSED ON MAN FOR RAPING MINOR RELATIVE
Botshabelo, Free State – The National Prosecuting Authority (NPA) welcomes the sentence imposed by the Botshabelo Regional Court on a 46-year-old man who was sentenced to 25 years' direct imprisonment for the rape of a 15-year-old girl.
The accused cannot be identified in order to protect the dignity, privacy, and identity of the victim, who was a minor at the time of the offence. The accused is the father of the victim's older sister.
The court heard that on the night of 14 November 2024, the accused arrived at the victim's home and knocked on a window, requesting a blanket to use while sleeping in a back room on the premises. The victim opened the window, showed him where the blanket was kept, and returned to bed. Instead of taking the blanket, the accused entered the house and remained in the kitchen.
A few minutes later, the accused entered the victim's bedroom, got into her bed, and raped her. During the incident, the victim resisted and pushed the accused, causing him to fall against a wall. After the attack, the accused warned the victim not to disclose what had happened to her older sister.
The following morning, the accused again entered the victim's bedroom and climbed on top of her while she was lying beneath the blankets. The incident was witnessed by the accused's 11-year-old granddaughter, who encouraged the victim to report the matter to her sister.
Although the victim reported the incident that same morning, she initially did not disclose the rape due to fear. When confronted by the victim's sister, the accused claimed that he had merely been playing with the child. The following day, after family members observed that the victim was emotionally distressed and questioned her further, she disclosed the rape. The matter was subsequently reported to the police, leading to the accused's arrest.
The State led the evidence of three witnesses during the trial. The court found the State witnesses to be credible, reliable, and consistent in their accounts. The victim's evidence was corroborated in material respects by the accused's own admissions, including that he had knocked on the window and entered the house on the night of the offence.
When the accused testified in his defence, he advanced a version that had not been put to the State witnesses during cross-examination. The court found his evidence to be inherently improbable and rejected it as false.
During sentencing proceedings, State Prosecutor Kelley Mthwalo argued that the accused had occupied a position akin to that of a father figure in the victim's life and had failed in his duty to protect and care for her. The State further emphasised the serious nature of the offence and the profound impact it had on the victim.
A Victim Impact Statement, compiled by Melissa Mphulenyane, was handed in as evidence in aggravation of sentence and detailed the emotional and psychological impact of the offence on the victim.
The court found that substantial and compelling circumstances existed to justify a deviation from the prescribed minimum sentence and accordingly sentenced the accused to 25 years' direct imprisonment.
The NPA welcomes the sentence and commends State Prosecutor Kelley Mthwalo, the investigating team, and all role-players involved in securing justice for the victim. The outcome demonstrates that perpetrators of sexual offences, particularly those who abuse positions of trust within families, will be held accountable for their actions.
The NPA further commends the victim for her courage in reporting the offence and for participating in the criminal justice process despite the trauma she endured.
The NPA remains committed to prosecuting sexual offences and all forms of gender-based violence without fear, favour, or prejudice. We remain steadfast in ensuring that victims and survivors are treated with dignity, protected throughout the criminal justice process, and afforded access to justice.
Issued by:
Mojalefa Senokoatsane
NPA Regional Spokesperson
Free State Division