Man found guilty of raping girl, 9

Cape Town-09/05/12-Stephen Isaacs at the Cape High Court where he is on trial for on charges of Rape, assault, and attempted murder of a 9 year old girl. Picture:Brendan Magaar. Reporter:Shellee Geduld

Cape Town-09/05/12-Stephen Isaacs at the Cape High Court where he is on trial for on charges of Rape, assault, and attempted murder of a 9 year old girl. Picture:Brendan Magaar. Reporter:Shellee Geduld

Published May 23, 2012

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The evil smirk has been wiped off Stephen “Foxy” Isaacs’ face after he was found guilty of the brutal rape of a young girl.

Western Cape High Court Judge Lee Bozalek made it clear to Isaacs that he was convicted by the testimonies of two children – a teen witness and the victim.

Bozalek praised the testimony of a 17-year-old girl who told the court that Isaacs had played with her and some other children in the road outside her home hours before the vicious attack.

“What was particularly important was the evidence of (the 17-year-old) who innocently said that perhaps he couldn’t remember the events of the Friday because he was drunk,” said Bozalek.

“She gave evidence of his entirely inappropriate behaviour of engaging with children and she placed him in (the child’s) immediate vicinity.”

The judge said that he approached the child’s evidence with extreme caution but he found that there was absolutely no reason for her to lie.

“What is crucial is the evidence of the only witness and this was approached with extreme caution,” said Bozalek.

As for the young victim, he stated: “She was a nine-year-old girl who suffered trauma and was the victim of an assault that left her with brain injuries.

“She retained her memory and could distinguish between the truth and falsehood.

“It was a painful experience to hear and watch her give evidence.

But Bozalek added that the “ironic effect” of this was that the child convinced him that Isaacs was guilty of attacking him.

He said that Isaacs claimed the girl was mistaken when she identified him as her attacker but there was nothing to substantiate this claim.

“He said she may have been confused or even put up to it but there was no evidence that she was confused or manipulated,” Bozalek told the court.

“Her evidence was clear and tied in with (the testimony of) her mom, the 17-year-old girl and the two boys who found her.

“She knows the accused well and identified him as her attacker… the only question was if she falsely or mistakenly identified the accused.

“What is of significance is the way she identified the man accused of her attack… she said he was the same colour as she was and gave a description of what he was wearing.

“This information had to be coaxed out of her by her mom after clearly admitting she had lied [about being knocked over by a car].

“This strengthens her version, she said there were too many strangers around her and this is a completely natural reaction by a child.

“These telling moments powerfully underscored her evidence and she had no reason to falsely accuse him.

“I have no hesitation in accepting her evidence.”

Bozalek was brutal in his honesty when he described Isaacs as a cold-hearted liar.

Of Isaacs’ evidence, he said: “He chose his words with care.

“He was quick-witted and was seldom at a loss for an answer.

“It was clear that he had studied the docket.

“However, his evidence as a whole was filled with improbabilities.

“He admitted that he lied [to the family] when he said he would return to the house.

“He lied when he said that he was still in the Darling area.

“He lied to police when he promised to present himself to the Darling Police Station.

“He fled Darling and made his way to Strand where he worked for two weeks until his arrest.

“It is clear he decided to evade the authorities.

“In my view, [Isaacs’] evidence must be rejected as false.

“I find he did indeed kidnap, rape and attempt to murder [the child].

“He must’ve panicked when she emerged from the bush and identified him.”

Charges

Convicted child rapist Stephen “Foxy” Isaacs was yesterday found guilty of three of the four charges he faced in the Western Cape High Court.

*Count one: Kidnapping – Guilty.

The State said Isaacs unlawfully deprived the then nine-year-old girl of her freedom when he lied to her about going to the shop to buy sweets and instead dragged her into thick bushes.

On Tuesday trial Judge Lee Bozalek said: “She testified that she was dragged face down into an unknown place. I am satisfied that the State has proven he’s guilty beyond a reasonable doubt.”

* Count two: Rape – Guilty.

During the trial, the child told the court Isaacs had wanted her to perform oral sex on him and when she refused, he hit her and burnt her with cigarettes.

When she fought him off, he pushed her to the ground and proceeded to rape her. Medical evidence presented to the court backed up her claims and Isaacs was found guilty of rape.

* Count three: Assault with the intention to cause grievous bodily harm – Not guilty.

Isaacs was acquitted of this charge after Bozalek found that the assault was a continuation of the rape.

He said that when the child had refused to perform oral sex on Isaacs, he had tried to force her to do so by beating her and burning her.

* Count four: Attempted murder – Guilty.

The victim described to the court how Isaacs had choked her.

Using her left hand, she demonstrated how he had placed his hand around her throat and strangled her.

On Tuesday Bozalek said: “He intended to kill her and eliminate the only witness to his crime.”

*This article was published in the Daily Voice

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