Eastern Cape man was convicted of the rape of a 15-month-old baby in the Bhisho High Court on Friday. Picture: African News Agency (ANA) Archives
Eastern Cape man was convicted of the rape of a 15-month-old baby in the Bhisho High Court on Friday. Picture: African News Agency (ANA) Archives

Eastern Cape man convicted of rape of 15-month-old baby

By Robin-Lee Francke Time of article published Aug 24, 2020

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Cape Town– An Eastern Cape man was convicted of the rape of a 15-month-old baby in the Bhisho High Court on Friday.

According to HeraldLive, Madala Peter Tshemese, 62, who is not related to the child, pleaded not guilty in October 2018 to the rape.

The publication reported the child was found in Tshemese’s bed by his wife, who found blood on the nappy and the romper buttons of the child were loosened. The nappy contained no semen.

During the trial, forensic nurse Vuyokazi Magwaza testified the child’s hymen was broken and a fresh tear of the vagina and swelling was found on the little girl.

Judge Belinda Hartle, who handed down the sentence, said there was an inconsistency of evidence between Tshemese’s plea of innocence and the evidence presented to her and she was satisfied with the medical evidence that the victim had been sexually penetrated.

Hartle said she was also satisfied with Magwaza’s view there was no penal penetration as that would have caused more damage to the vaginal area of the victim.

She said the likely scenario was that penetration must have been with the finger.

According to TimesLive, in mitigation of sentence Tshemese’s defence lawyer, Hennie Rasmus, called him to the stand.

On the stand, Tshemese maintained his innocence and said he was “not okay” with his conviction.

Erasmus called on the court to take into consideration his client had no prior convictions until he “made a mistake that will cost him dearly”.

However, State prosecutors are calling for the maximum sentence of life imprisonment and asking the court for Tshemese to be added to the sexual offender’s registry.

Sentencing will take place on September 2.

African News Agency (ANA)

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