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Durban - Darren Mogany thought raping an unconscious 17-year-old girl with a beer bottle, filming it and passing the video on to a friend was funny and required a jail sentence to “reflect” on his actions.
When Durban magistrate Sharon Marks made these remarks on Friday, Mogany’s sister began to cry in the gallery.
Her sobs grew louder as Marks ordered a five-year jail sentence as punishment for the rape, and distribution of child pornography.
Mogany and the girl – both 17 at the time – had been bunking school, drinking, and smoking dagga in 2010 when the incident took place.
According to the findings of the court, the complainant had passed out after consensual sex with Mogany, of which he took advantage and made the now widely distributed video.
“The sentence is not enough. That video will be around for years to come,” said the mother of the complainant. “It is too soft; she will have life-long suffering from this.”
Marks did suggest Mogany was a candidate for full rehabilitation, and ordered the sentence be carried out in terms of legislation which would allow him to be released after 10 months, based on good behaviour, and placed under correctional supervision.
The complainant said she found it difficult to trust people since the incident and was fearful of walking in the street in case she was recognised from the video.
“I need someone to help me, to talk to, as I have no one I trust outside my family,” she said.
Marks had recommended she seek professional help to deal with the trauma she experienced.
Mogany’s brother-in-law, who was present during the sentencing and was originally charged alongside Mogany but was later acquitted, declined to comment.