Child rapist jailed for 20 years

100 Mathys Van Zyl holds a court microphone as he is sentenced to 20 years in prison at Palm Ridge Magistrates Court for raping a 3 year old girl using his fingers. 281014. Picture: Bongiwe Mchunu

100 Mathys Van Zyl holds a court microphone as he is sentenced to 20 years in prison at Palm Ridge Magistrates Court for raping a 3 year old girl using his fingers. 281014. Picture: Bongiwe Mchunu

Published Oct 29, 2014

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Johannesburg - “Gemors (rubbish), go and rot in jail.”

As convicted child rapist Mathys van Zyl made his way to the cells to begin his 20-year sentence, the family of the little girl he raped taunted and shouted at him.

Van Zyl, who throughout the trial had sat in the dock stony-faced, did not turn to look at them.

The 46-year-old Krugersdorp man raped Denise*, 3, last October at the home of a teacher who had given him lodging. Denise and her 7-year-old twin sisters were in the care of the teacher that day and their mother was going to pick them up later.

The teacher left the children, including her two young boys, with Van Zyl when she and her husband went out. While they were away, Van Zyl took Denise to the bathroom, undressed her and penetrated her with his fingers.

During the trial, the twins revealed that Van Zyl had also fondled the teacher’s young boys in the bathroom, something that caused him to get angry.

“Ek is nie gay nie, ek speel nie met little boys nie (I am not gay, I don’t play with little boys),” he said.

Van Zyl was never charged with molesting the boys, but Judge George Maluleke found him guilty of Denise’s rape.

On Tuesday in the High Court sitting in Palm Ridge, Judge Maluleke said Van Zyl never showed remorse. He said Van Zyl’s prospects of rehabilitation would remain unachievable if he continued to refuse to take responsibility for his actions.

In argument of mitigation of sentence last week, Van Zyl’s lawyer, advocate Jesse Penton, had argued that the rape his client committed was not so serious as he had not penetrated the victim with his penis but rather with his fingers.

But as Judge Maluleke handed down sentence on Tuesday, he said the fact that Van Zyl had used his fingers instead of his penis did not render the sentence any less serious.

Despite Van Zyl’s crime warranting a life sentence, Judge Maluleke said it would be harsh and it would also be an injustice to impose it.

He said Van Zyl needed to go to prison for a long time because he was a “real danger” to society as he had been convicted of sexually assaulting a close relative five years ago. Sentencing him to 20 years, he said he “needs to be taken away from society”.

Speaking to The Star afterwards, Denise’s mother said:

“He has 20 years to think about what he did and I could not feel much better seeing him go to start his sentence. If he is lucky enough, they will do to him there what he did to my daughter.”

Denise’s father said he could not say he was relieved with the sentence, but at least justice had been served and the streets would be safer without Van Zyl.

“I wanted him to get a life sentence. The pain he caused our family will never go away. I see my daughter every day and live with that pain,” the dad said.

Van Zyl has applied for leave to appeal.

* Not her real name

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The Star

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