By Caryn Dolley
"There's a hard, cold truth to the justice system."
These are the words of a mother whose now teenage daughter was sexually molested by Cape Town photographer and film-maker Neil Hermann when she was younger.
Three years ago, Hermann was convicted of molesting the then six-year-old girl over 14 months from 2003 to 2004.
He was sentenced to four years in prison, but appealed, and two days ago the Western Cape High Court substituted a R10 000 fine.
Yesterday, the girl's mother, who may not be named to protect the identity of her daughter, said the court's decision had made her question the justice system. "We've waited five years and nine months for this matter to be resolved and there's been no compensation for my daughter".
She said that, while her daughter, who was now 13, had faced the traumatic experience of testifying and had needed therapy and probably still would, Hermann had "been walking free for five years".
Her daughter had been in therapy for two years after the abuse, her mother said, and she had been told to monitor her daughter, especially as she reached puberty and would again probably need therapy.
Her daughter's therapy had cost about R45 000 so far.
The mother said her daughter was coping and "going on with her life" but the family, especially the girl's grandmother, was still traumatised by what had happened.
"My mother is taking this very hard. She was abused as a child and this is bringing those things up.
"In retrospect, I don't think I'd make my daughter go through all this again. Seeing my daughter going through the court doors, hearing the advocate questioning her, it's not a joke."
She said she had not told her daughter about the R10 000 fine yet, but when she did would constantly remind her that Hermann was found guilty and the girl's side of the story had been heard and accepted.
In court on Wednesday, judges said Hermann had shown remorse to the mother and the girl's aunt.
But yesterday, the mother denied that he had ever shown the family any remorse.
Joan van Niekerk, Childline South Africa's national co-ordinator, said she thought Wednesday's court ruling "sends out the message that children's sexual integrity is not taken that seriously".
"I'm very concerned this may have the result that other children (in similar situations) get too scared to come forward.
"I also feel enormously sad that the court didn't refer (Hermann) for a compulsory rehabilitation programme. I hope he has sufficient courage to do it himself," she said.
Director of the children's group Molo Songololo, Patrick Solomons, was also "very concerned" about the ruling.
"I feel it sends the wrong message out to victims who seek justice ... The best interests of children must be paramount."