Finger rape of girl ‘not as serious’

042 21.10.2014 Mathys Van Zyl, found guilty of raping a three year old girl 4 years ago, he was is also found guilty of a sexual assault on an 11 year old close family members, Van Zyl appeared at the South Gauteng high court sitting at Palm Ridge court. Picture: Itumeleng English

042 21.10.2014 Mathys Van Zyl, found guilty of raping a three year old girl 4 years ago, he was is also found guilty of a sexual assault on an 11 year old close family members, Van Zyl appeared at the South Gauteng high court sitting at Palm Ridge court. Picture: Itumeleng English

Published Oct 22, 2014

Share

Johannesburg - He took a 3-year-old girl into a bathroom, undressed her and inserted his fingers into her vagina, raping her.

The child bled for a month afterwards and is now undergoing therapy. But Mathys van Zyl’s lawyer says his client used a finger and the rape can, therefore, not be considered serious enough to warrant a life sentence as is required in cases of rape involving minors.

The lawyer, advocate Jesse Penton, also said Van Zyl did not use excessive violence, nor did he beat *Denise during the rape. A sentence of between seven and eight years would be appropriate.

“It was a mere touching of genitalia which is a less serious form of rape. The application of common sense is that the use of a finger can’t be equated to the use of an adult penis.

“Scratching the inside of the genitalia of a child with the tip of a finger is not as serious as putting an adult penis inside,” Penton said on Tuesday in the Johannesburg High Court sitting in Palm Ridge. Penton was arguing in mitigation of sentence for Van Zyl, who has been convicted of Denise’s rape.

His argument that what Van Zyl had done was not serious as he did not use a penis incensed Denise’s father, who stormed out of court in anger.

On September 3 last year, Denise’s mother left the child and her 7-year-old twin sisters in the care of a teacher. The teacher then went out with her husband, leaving the children and her two sons in the care of Van Zyl, her tenant of two months and who slept in the lounge.

Van Zyl raped Denise.

Penton conceded that rape was a serious offence but said it was important to differentiate between different kinds of rape.

“This is a less serious case of rape and one should distinguish between this type of rape and one in which a penis is used,” he said.

The State prosecutor, advocate Deon van Wyk, said he was perturbed by Penton’s argument.

 

He said Van Zyl was arrogant and had sat in the dock laughing as the children suffered under cross-examination.

In 2009, the rapist sexually assaulted an 11-year-girl who was a close relative. He was given a four-year sentence that was wholly suspended.

 

*Not her real name.

[email protected]

The Star

Related Topics: