A 69-year-old rapist from Du Noon in Cape Town has been sentenced to life imprisonment by the Cape Town Regional Court on Tuesday for repeated rapes and sexual grooming of a minor for over nine years.
The rapist cannot be named as his partner was the nanny of the victim which may indirectly name the victim and expose her to secondary victimisation.
Sexual offences Prosecutor Ruwayda Badrudeen told the court from 2021 until 2014, the man’s partner was the victim’s nanny and at times the child would sleep over at their place.
She said the man was also close to the victim’s family and a fellow church member.
The court heard the rape incidents started when the child was only five-years-old and continued until she was 12.
The man would groom the child by giving her money for school, giving her food, buying her data and allowing her to watch DSTV.
While watching TV, he would sexually abuse the child.
Badrudeen told the court this rapist was not a first time offender, as he was convicted and sentenced to five years direct imprisonment, wholly suspended for five years for a sexual assault committed in March 2016.
He continued with the rapes until he was arrested for this matter in 2020.
A victim impact statement compiled by the Court Preparation Officer indicated that the child suffered from a loss of self-confidence, she feared her rapist as he has a short temper, was popular, had money and was concerned community members would not believe her if she reported the rapes.
The court heard the child used to watch a TV programme on virginity but after the rapes she hated herself and her body as she felt she was no longer like the girls on the TV show. The child said the only thing that helped her move forward was the fact that she did not hold any grudges against her rapist, she wanted to find peace.
The victim was raised by her aunt and is still living with her unemployed aunt and siblings.
The court heard their home situation was dire, to the extent that staff at the Cape Town Magistrate’s Court bought her a school uniform, stationery, and school bag as she showed keen interest in continuing her studies.
During sentencing the presiding magistrate said it was regrettable that the suspended prison term imposed in 2016 did not deter the accused from re-offending.
The court found there were no compelling or substantial circumstances that justify deviation from the prescribed minimum sentence in respect of the rape.
The rapist was sentenced to life imprisonment for rape and six years direct imprisonment for sexual grooming. The court ordered the sentences to run concurrently, effectively sentencing him to life imprisonment.
It further ordered that his name be entered into the National Register for Sex Offenders and the National Child Protection Register, as it found him unsuitable to work with children and that he was unfit to possess a firearm. It further made a search and seizure order of any firearms and ammunition he may have in his house.
The Western Cape spokesperson for the National Prosecuting Authority (NPA), Eric Ntabazalila said this is the fifth case and sentencing of men convicted for committing sexual crimes against children in October.
“It is the third life imprisonment imposed by courts for such crimes and a second life imprisonment imposed by the Cape Town Regional Court in less than a week.
“In the same month, there were two femicide cases finalised where the accused were sentenced to life imprisonment and 23 years of direct imprisonment,” Ntabazalila said.
The provincial Director of Public Prosecutions (DPP), advocate Nicolette Bell welcomed the sentence and effort put in by law enforcement and prosecution teams in reducing the scourge of heinous crimes committed against the most vulnerable in our society - children.
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