Durban — A Pinetown magistrate said that the man he had convicted of raping his blind neighbour was lucky that he was sentenced after the amendments to the Criminal Procedures Act of 1997, which had previously prescribed a life sentence for those who raped someone with a disability.
Magistrate Siphiwe Hlophe said this on Wednesday as he sentenced Petros M Mokoena to 10 years’ imprisonment for raping his blind neighbour, who is also the widow of Mokoena’s late friend. Mokoena, who is also a pastor, was a family friend and had often supported the family by bringing them food following the passing of his friend.
Hlophe said Mokoena took advantage of the family’s financial situation and used the fact that he was a known and respected pastor in the area to his advantage as well.
Last year in January Mokoena was caught by his victims’ sons, who found him topless in their mother’s bed; he offered R1 000 to the sons before managing to flee, leaving behind some of his belongings.
The State’s evidence was that Mokoena left behind a backpack, sandals, and a golf shirt. The accused went into the woman’s bedroom. During the trial, the victim had said she recognised the voice of the accused.
The court heard how the woman’s son walked into the house to hear struggling noises. And when he entered her room he found Mokoena raping his mother.
Mokoena, who had been topless when escaping from the victim’s house, came across a member of the community while fleeing, who asked him what the matter was, to which he replied that the victim’s children had mugged him, taking his clothes.
He maintained that he did not rape the victim but had consensual sex with her, adding that following this, the victim’s sons walked in on them and assaulted him.
However, in a victim impact statement read on Wednesday in court the complainant denied this, saying she had been affected emotionally and psychologically by the rape.
“When you were forced to flee half naked, you didn’t come clean to the community about what had happened, instead you accused the complainant's sons of robbing you. You went as far as going to the police and opening a case to cover your tracks.
“Her sons were detained on a false charge opened by the accused,” said Hlophe.
He said that he had taken into consideration all Mokoena’s defence had put before him in mitigation of sentence, that he was on medication for a chronic condition, was casually employed and that he had sustained an injury to his knee as a result of the assault by the victim’s sons.
“The offence that the accused is convicted of is serious, rape cases seriously infringe on victims' integrity, dignity and privacy. The complainant has a disability rendering her vulnerable… Violence against women is a serious problem, rape is rife and it is bad. It’s one of the wrongs inflicted on the vulnerable.”
Daily News