‘Retarded’ teen rapist may get lifeline

Statue of justice holding balanced scales in hand isolated on white background

Statue of justice holding balanced scales in hand isolated on white background

Published Dec 16, 2014

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Pretoria - A teenager convicted of raping a girl, 2, after confessing to the rape and sent to jail for three years, may receive a lifeline as it is claimed he may be mentally retarded.

A magistrate of the Malamulele Regional Court near Louis Trichardt, last year sentenced the 16-year-old (who cannot be identified) to five years’ imprisonment, of which two were suspended.

This was after the youngster confessed to the rape. But after his conviction, a social worker called by the court to probe the teenager’s circumstances before sentencing, said the boy seemed mentally retarded.

The magistrate ignored this. But this caused the matter to come on automatic review before the high court in Pretoria, where two judges ruled the magistrate erred in not taking the accused’s mental capabilities into consideration.

The teenager admitted that he had sex with the 2-year-old, “without her consent”. He said he was at first playing with her, but then raped her. “I admit that having intercourse with a child below 16 is wrong and punishable by law,” he said.

He was legally represented during the trial and as he was himself a minor. His mother was also present. She, however, never told the court her son was mentally retarded or that he attended a special school.

Before sentencing the court called for a probation officer’s report, which set out the trauma of the toddler after being raped. It was recommended she receive counselling. Another social worker also presented the court with a report after speaking to the accused and his family. It was mentioned that the teenager suffered from a mental illness and attended a special school. He also received a disability grant.

It was recommended the magistrate postpone sentencing until tests had determined whether he could be held responsible for his actions.

A doctor also confirmed that the teenager was mentally ill. He also suggested he be sent for observation.

The magistrate ignored these recommendations and proceeded to sentence him, without taking this into account. Judge Lettie Malopa said in her judgment that the magistrate did not even refer to the report.

She said the court was compelled to send the teenager for observation the minute it became known he may be suffering from a mental illness. The judge, however, said the magistrate only became aware of the possibility of a mental illness after he had convicted the accused.

Counsel for the teenager asked that his conviction and sentence be overturned, as he did not receive “a fair trial”. This was because there was no report submitted by a psychiatrist regarding his mental status.

“It will be a travesty of justice if this court was to ignore the facts as was done by the magistrate’s court,” the judge said. The sentence should be set aside and the teenager sent for observation. The lower court will then reconsider his situation after recommendations by experts.

Pretoria News

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