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Durban - Jail was the only suitable punishment for a 20-year-old man convicted of raping a young woman with a beer bottle, filming it on his cellphone and distributing it, a social worker has recommended.
“Although he is young and a first offender, his personal circumstances are outweighed by the serious nature of the crime… a term of imprisonment will give him an opportunity to reflect on the wrongfulness of his actions,” Nokukhanya Mdletshe said of Darren Mogany.
The pre-sentence report was handed in to Durban Regional Court magistrate Sharon Marks on Wednesday. Marks now has to determine Mogany’s fate.
Mogany, of Merebank, was arrested in February last year along with his brother-in-law, Adish Deonarain, charged with two counts of physical rape, one of rape with the beer bottle, possession, creation and distribution of child pornography and using children for or benefiting from child pornography.
On June 30, 2010, the complainant, then 17, bunked school and spent the day with Mogany, also 17, at his house, during which her drink was allegedly spiked.
Deonarain was acquitted of all charges.
The magistrate convicted Mogany on the charges relating to the video clip, saying it also corroborated the evidence about the beer bottle rape, but acquitted him on the other rape charges and the charge of benefiting from child pornography. Mogany had insisted he was innocent and has continued to do so.
Mdletshe said: “He acknowledges having consented (sic) sexual intercourse and video-taping the incident.”
He also said the girl had consented to the video being taken.
“He states they were both under the influence of alcohol and dagga.”
Marks said she had interviewed the victim - who was present in court on Wednesday - who said she believed her drinks were spiked.
“She had suffered tremendous emotional impact as her dignity was violated. She has been ashamed and withdrawn from enjoying a social life in her community as the video of the incident was circulating in the community.
“She is scarred… she no longer trusts men. She is adamant he should be sentenced to a term of imprisonment so that he learns a lesson… she cannot bear to see him enjoying his social life as if nothing ever happened.”
Mdeltshe said correctional supervision and a suspended sentence were unsuitable because they were too lenient.
The correctional supervision officer, TM Dube, said Mogany met the physical requirements - a fixed address and sound support system - for correctional supervision.
Sentencing was delayed on Wednesday because Mogany said he was ill and needed to see a doctor.