A convicted rapist who was jailed for the rape of his eight-year-old stepdaughter, will continue to serve his life term after he appealed against his conviction and sentence in the Western Cape High Court.
The matter again shone the light on GBV crimes in South Africa in which high court Judge, Andre le Grange, said these crimes “do not contribute to our claims that we live in a gender-equitable and just society”.
According to the perpetrator, the mother instigated the girl to falsely accuse him of rape.
The rapist also expressed his dissatisfaction with his legal representation at the instance of his conviction, for the first time.
According to the perpetrator, the evidence implicating him was that of a “single witness and was insufficient as it was not satisfactory in every material respect”.
Le Grange, in handing down judgment said that the imposition of a life sentence was not unjust and disproportionate.
According to the complainant’s testimony, the incidents happened when her mother was not at home, and the man was the only adult present in the household. She said this happened when he told her to ‘rest’ on his bed.
Her stepfather sexually molested her on two separate occasions on two consecutive days.
“He says they (the girl and her mother) were intentionally falsely accusing him and had done the same on a prior occasion. Nor were any of the documents in the earlier case, in which he was supposedly acquitted on similar charges brought by the same complainants, introduced as evidence before the trial court, or in this court,” the judgment read.
The fact that the perpetrator called no witnesses and proffered a bald denial before court, compounded the case against him.
“Crimes in general, but especially against women and children, offend against the aspirations and ethos of all South Africans. Not only do crimes against women in this country amount to a severe invasion of the dignity of the victims, but these crimes do not contribute to our claims that we live in a gender-equitable and just society.
“This crime perpetrated against an eight-year-old child renders it even more reprehensible.
“This crime is an instance of gender-based violence, which has regrettably reached pandemic proportions in our country. We believe an unambiguous message must be sent to offenders participating in this criminal activity.
“That this crime was committed against an eight-year-old child requires that in considering the issue of a sentence, the court must consider the provisions of section 28 of the Constitution, namely the right of every child, to be protected from maltreatment, neglect, abuse or degradation, a right which the accused egregiously infringed in this case,” said Le Grange.