Durban — A 50-year-old man was recently sentenced to life imprisonment at the Pinetown Magistrate’s Court for the rape of his mentally challenged neighbour.
During the trial before Magistrate Q Khuzwayo it emerged that the complainant in the matter, while she was 25 years old, had the mental capacity of a 6-year-old.
Khuzwayo sentenced the man to life imprisonment saying that the man was a neighbour the complainant trusted and he took advantage of that and the fact that she was mentally challenged.
State Prosecutor Simphiwe Magagula led evidence through witnesses that on the day of the rape, the accused had promised the complainant money for washing his clothes and after he raped her he gave her R11 in coins.
When the complainant arrived home with the money she was questioned about it and she told her family what had transpired at the neighbour’s house.
The accused had asked the complainant to come to his home to do his washing for him but when the complainant got there the accused threw her onto a bed and raped her.
In aggravation of sentence, Magagula argued that the accused knew very well that the complainant was mentally challenged.
“Even the complainant’s father leading evidence said that his daughter suffered from seizures and sometimes the accused would be around when this happened and he would help carry her from the ground where she had fallen and into the house. He knew well her situation and took advantage of it,” said Magagula to the court in asking for a life sentence in the matter.
The accused, who had pleaded not guilty to the charges levelled against him by the State, was represented by attorney V Shinmogham.
In his not guilty plea the accused was claiming bare denial – he was alleging that the complainant was fabricating the allegation against him due to her mental condition.
However, on the stand a local traditional leader from the area testified that the accused had come to him asking for assistance in going to the family to apologise following his release on bail.
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Daily News