A former South African National Defence Force (SANDF) soldier has been handed a life sentence for raping and infecting his girlfriend with the Human Immunodeficiency Virus (HIV).
Leon Santos Conga, 48, was sentenced in the Pretoria Magistrate’s Court on Wednesday.
The National Prosecuting Authority (NPA) in Gauteng said Conga was sentenced to life imprisonment for rape of his girlfriend at the time.
“He was given an additional 10 year direct imprisonment for attempted murder for knowingly exposing and factually infecting his girlfriend with HIV,” said NPA spokesperson Lumka Mahanjana, adding that both sentences would run concurrently.
Explaining the merits of the case, the NPA said Conga and the victim were in a love relationship for four months between 2016 and 2017.
“Before the two began their relationship, the victim had done an HIV test on December 1, 2016 which came back HIV negative.
“When the two started their relationship, the victim raised the HIV conversation and insisted on knowing Conga’s HIV status.
“Conga then lied and misled the victim and told her that he was HIV negative, hence his employer was able to deploy him outside the country.
“However, the victim came with the condition in their relationship that ‘no condom, no sex’.”
The court heard that one time when the two were intimate, Conga removed the condom.
“This apparently happened twice until the victim felt unwell and went to do an HIV test. When the results came back positive, she confronted Conga who denied infecting her.”
The girlfriend then reported the matter to police in May 2017.
The NPA said in 2018 the matter was withdrawn due to insufficient evidence.
“However, after investigations and the required evidence was obtained from the SANDF, the matter was re-enrolled on August 21, 2021 and Conga appeared in court.
“During the trial, Conga stated that the condom was removed by the complainant and denied infecting the victim with HIV.”
The NPA said the State also provided evidence which revealed that Conga first tested HIV positive on October 8, 2007, therefore, he was aware of his HIV status when he removed the condom and had intercourse with the victim.
During the sentencing proceedings, in aggravation of sentence, advocate Emile van der Merwe argued that Conga was known to the victim, as he served in the military with her brother.
When handing down the sentence, Regional Magistrate, Fikiswa Ntlati agreed with the State that Conga showed no remorse and that he committed a very serious offence that had devastating effects on the victim and her family.
In welcoming the sentence, the NPA said: “We also want to send a clear message that offences of this nature that have permanent adverse impacts on the victim will not be tolerated. Sexual crime offenders will be dealt with, with the full might of the law.”
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