Kimberley - Kimberley’s wheelchair rapist, Daniel Oliphant, who was found guilty of raping his ex-girlfriend’s grandchild will be sentenced on Monday.
Magistrate Jesse Clarke will decide how long the 61-year-old man, who has been in a wheelchair for more than ten years, will spend behind bars.
Oliphant’s trial continued in the Kimberley Regional Court on Friday after he was found guilty on a charge of rape last month. On Friday the court was told that the young rape victim and her rapist are still living together in the same house.
This is the accused’s second conviction on a charge of rape following an earlier conviction in 1980 when he was sentenced to two years imprisonment.
According to testimony presented to the court by the aunt of the victim, Oliphant lured his then 10-year-old victim into an outhouse toilet and raped her. The incident happened on May 31 2013.
The victim is the granddaughter of Oliphant’s former girlfriend and he was staying with them in the same house at the time of the rape.
The aunt came to her aid after she was alerted about Oliphant being in the cubicle with the child by neighbours.
She told the court that when she opened the door of the toilet she saw the victim between the accused’s legs with her underwear and pants removed.
She pulled the young child out of the cubicle while Oliphant told her in a rude manner that he was relieving himself.
Testimonies by Oliphant, the grandmother of the victim and a social worker from the Department of Social Services, Matome Ndagza, were also presented to the court.
Oliphant told the court that he was still staying in the same house as the victim, even after he was found guilty of raping her.
He told the court that although he and the victim’s grandmother are no longer involved, the living circumstances have not changed.
“I was never told to leave the house and I am still sleeping in the kitchen like before,” he said.
Defence attorney, JC Bergh, asked Oliphant whether he still gets the same treatment from the family of the victim, considering the fact that he is staying in the same house as them.
“Nothing has changed. We all still get along fine . . . even the victim still talks to me,” Oliphant said.
Magistrate Clarke asked the accused whether he has alternative accommodation, considering the sensitivity of the matter.
“We do have a house, my mother’s house, but my sister and I do not get along so I prefer to live where I am currently staying,” Oliphant said.
Social worker, Matome Ndagza, told the court that his investigation into why the accused was still staying in the same house as the complainant was that the household was financially dependent on him.
“I am of the opinion that the monthly grant that he (Oliphant) receives is being utilised to contribute to the household,” Ndagza said.
Magistrate Clarke asked Ndagza how that has affected the victim.
“I was told that the victim has now lost respect for all elders, she talks to them in a rude manner,” Ndagza said.
The grandmother of the victim admitted that Oliphant contributes to the household.
“The accused does not pay rent but does buy electricity and food for the house,” she said.
She added that the young victim is not traumatised or affected by the accused staying there.
“She is alright, but I am disappointed in the behaviour of the accused . . . he should not have done that to her.”
Bergh asked her why she allowed the accused to continue to stay in the house even after the rape.
“We have decided that he should move out today (Friday) and go stay at his mother’s house,” she said.
Bergh asked the court in his closing arguments to consider correctional supervision as a more suitable sentence.
“The accused is in a wheelchair and the fact that he is still in good relationship with the victim’s family shows that he is not a threat to the community and from the testimony given it appears the accused is being used for financial assistance.
“If the victim were two years older the incident probably would not have happened and the charge may have been changed,” Bergh said.
Magistrate Clarke said that his decision on a suitable sentence will be determined by the facts presented to the court.
“The fact is that the victim was not two years older at the time of the incident. If she was, the accused might have not taken the chance . . . but he is the adult in this matter and took advantage of that.
“What is shocking and sad is that there are so many victims of abuse who come to the court and withdraw a case because the perpetrator is the breadwinner in the household. What is even more shocking is that the victim had no choice but to stay in the same house as the accused due to the decisions made by the adults in the house,” Clarke said.
Closing arguments from the State will be heard on Monday before Clarke hands down a sentence.
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