Kimberley - A 28-year-old Herlear man, who was found guilty of sexually assaulting his stepbrother’s seven-year-old daughter, escaped a prison sentence on Wednesday when he was given a three-year jail term, suspended for five years.
The incident happened in February 2013 at the home of the child’s grandparents, where the accused had an outside room.
Magistrate Jesse Clarke said on Wednesday that when considering an appropriate sentence, he needed to take into account the personal circumstances of the accused, the offence committed and the interests of society.
“The accused is 28 years old and attended a school for special-needs children. He is currently a messenger for a local pharmacy and is a first-time offender.”
Clarke added that this was a very serious offence.
“The fact that it was committed against a child who was four years old at the time makes it even more serious.”
He added that these types of cases also attracted a high degree of public interest.
“The court, however, needs to be mindful of the difference between public opinion and public interest.”
The sentence, Clarke said further, needed to serve as a deterrent to those who made themselves guilty of crimes like these.
“This kind of offence also has devastating psychological consequences on the complainant and in this case the mother of the child confirmed that the child had to receive counselling.”
He pointed out that there were so many of these types of crimes in court and the community wanted to see the courts taking a stand against crime.
“Children are not safe anywhere – not in the streets … we even had a case where a child was sexually abused at the daycare (centre) she attended. In this particular case, the child was not safe in her own home. You (the accused) were supposed to look after her.”
Looking at the aggravating circumstances of the case, Clarke stated that he accused was an adult and knew that what he was doing was wrong.
“You had enough time to stop but you chose not to. This was a four-year-old child who trusted you and saw you as a friend. She never expected you to do something like this. You are her family.”
He said it was hard to see any mitigating circumstances. “You are a first-time offender and shortly after this incident, you were assaulted by a family member and I will take this into consideration.”
Clarke said that the accused’s acts, however, had more consequences for himself.
“You have destroyed your own life. For the rest of your life you will have this conviction against you and your name will also be listed on the sex offenders register. Your family will also be watching you every day.”
He pointed out that another accused, who had appeared in his court earlier on Wednesday morning, had complained about the situation in prison “and he has not even been sentenced yet”.
“I cannot give you a direct imprisonment and I d o not believe that the family want this. I believe you made a mistake and you will learn from this.”
Clarke said he hoped the sentence would bring peace to the family.
“I hope that you will go to the mother and father of the child and ask for forgiveness and that they will see it in their hearts to forgive you.”
Together with the three years suspended for five years, the accused’s name will be placed on the national sex offenders register and he is not allowed to own a firearm.
“You can now see for yourself what the implications of this act has caused for you.”
Clarke added that once the accused has served his sentence and the five years were up, he could apply for his name to be removed from the sex offenders register and also ask for a presidential pardon.
The mother of the child, who is now in Grade 1, said on Wednesday she was very relieved and happy with the outcome.
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