CAPE TOWN - The Piet Retief regional court has convicted and sentenced a 67-year-old man from Mangosuthu village, in the Piet Retief district, to life imprisonment for raping his neighbour’s child who was aged 13 at the time of the incident.
The victim, who testified through an intermediary, narrated to the court how on February 3, the elderly man invited her, a friend and her younger brother to pick some fruits from the trees on his premises, according to National Prosecuting Authority Mpumalanga provincial spokesperson Monica Nyuswa.
“While the other two children were picking fruits, the accused called the victim inside his house. (When she was) reluctant to enter, the accused forcefully grabbed her inside, locked the door and raped her. He then gave her a R50 note,” said Nyuswa.
The victim’s younger brother told the court that he noticed that his sister was upset and tearful when she exited the 67-year-old man’s house.
“Later, her elder sister also noticed that she was emotional when they returned home. “When questioning the victim why she seemed heartbroken, she abruptly reported that she was raped by the accused. The victim’s mother was contacted who on turn summoned the police and a case was opened,” said Nyuswa.
In court, advocate Marlin Cairncross for the State presented a medical report which showed that the teenager had been sexually penetrated.
“The accused testified in his own defence. He did not deny that he had sexual intercourse with the victim but alleged that it was consent as there was a prior agreement between the two of them.
“He alleged that he did not pay the full R100 as promised, but only half of it and concluded that this is the reason why the victim is fabricating the rape allegation,” said Nyuswa. However, Cairncross rebutted the 67-year-old man’s version by submitting a warning statement made earlier by the pensioner, which contradicted the version given in court.
The court agreed with the State, finding that based on the material contradictory versions of the 67-year-old man, his testimony was false beyond reasonable doubt.
“The defence placed a lot of emphasis on the face that the accused is an elderly pensioner with ailing health conditions.
“They [however] failed to convince the court of the existence of compelling and substantial factors to deviate from the mandatory prescribed sentence, and sentenced the accused to life imprisonment,” said Nyuswa.
“The court made an order that the accused’s name should be included in the National Register of Sex Offenders and further declared him unfit to possess a firearm.”
Cape Times