Court hears man who raped mentally ill stepdaughter 'a danger to society'

Dominique Monaghan and her mother Theresa Oelofse. Dominique's stepfather Johannes Oelofse was convicted in May of five grotesque sex crimes including rape; sexual assault; sexually grooming a person who is mentally challenged. File oicture: Nhlanhla Phillips/African News Agency(ANA).

Dominique Monaghan and her mother Theresa Oelofse. Dominique's stepfather Johannes Oelofse was convicted in May of five grotesque sex crimes including rape; sexual assault; sexually grooming a person who is mentally challenged. File oicture: Nhlanhla Phillips/African News Agency(ANA).

Published Oct 24, 2019

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It is a "flimsy" argument that a rapist, who forced his mentally ill stepdaughter to be his sex slave for eight years, to use his age and illness to receive a lesser sentence.

This was the contention made by State advocate Nerisha Naidoo, who argued that Johannes Oelofse, 60, should receive the prescribed minimum sentence for the egregious acts he committed on Dominique Monaghan, 23. 

Theresa Oelofse and Glen Monaghan, Dominique’s biological parents, gave written permission for The Star to publish their real names and photos. 

On Thursday at the South Gauteng High Court, Johannes' legal representative, Advocate Marius van Wyngaard, argued that his client's age as well as his anxiety and depression, which he is taking medication for, should allow the court to be lenient on the child rapist. 

Johannes was convicted in May of five grotesque sex crimes including rape; sexual assault; sexually grooming a person who is mentally challenged; exposure or displaying child pornography or pornography to a mentally challenged person; and compelling Dominique to watch him masturbate.

Some of the shocking acts Johannes perpetrated on the vulnerable Dominique, who has the cognitive abilities of a 6-year-old girl, include forcing her to shave her vagina and committing sex acts.

Johannes's lawyer added that the "incompetent" health services of prisons should also play to his client's favour. 

"Although the incompetent health services of the correctional services is not a bar from sentencing an accused to a period of direct imprisonment, it is submitted that the age of the accused, the medical condition of the accused and the poor health services rendered by the correctional services...indeed constitute substantial and compelling circumstances in order for this court not to impose the prescribed minimum sentence of life imprisonment for the imposition of such sentence will, with respect, most probably mean that the accused will die in prison," Van Wyngaard argued.

But this was rejected by prosecutor Naidoo, who asserted that Johannes showed no remorse for his shocking crimes as the rapist has maintained he has done nothing wrong. 

"The whole trial was about his troubles with Mrs Oelofse (Dominique's mother) than what he had done...which was backed up by medical evidence. He (Johannes) is a danger to society.

"If he is a danger to someone who is his own child, what more to other children? Is the court now willing to take this risk?" an irate Naidoo asked. 

Johannes will know his fate on Thursday, October 31. 

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The Star

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