The Boschfontein Regional Court has convicted and sentenced a 37-year-old man to 25 years’ direct imprisonment for raping a 4-year-old girl.
To protect the victim from secondary victimisation, the accused’s name has been withheld in this statement. At the time of the offence, he was employed as a general worker at the creche the victim attended.
According to the National Prosecuting Authority (NPA), the incident took place in September 2023 at KwaMhlushwa, inside the creche premises after school hours.
“The victim and her friends were playing outside the creche, as they lived nearby. The accused called the victim into the creche’s kitchen, closed the door, and raped her.”
It is reported that the victim’s sister, who was also playing outside, looked through the window and witnessed the assault.
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“Later that day, the victim told her mother she was experiencing pain in her private area. When the mother investigated, the sister disclosed what she had seen. The matter was immediately reported to the police, leading to the accused’s arrest,” reads a statement.
In court, the accused pleaded not guilty and claimed he was not present at the school during the incident. However, Regional Prosecutor Thembile Ngonyama presented compelling evidence, including testimony from multiple witnesses, the first report by the victim, the J88 medical report, and the eyewitness account from the victim’s sister. The court found the State’s witnesses credible and rejected the accused’s version of events.
In aggravation of sentence, Prosecutor Ngonyama highlighted the prevalence of such offences and urged the court not to deviate from the prescribed minimum sentence. A Victim Impact Statement, compiled by the victim’s mother and facilitated by Court Preparation Officer Lizzy Mhlongo, detailed the severe ongoing psychological and physical trauma endured by the child and her family.
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The court determined there were no substantial and compelling circumstances to justify deviation from the prescribed minimum sentence. The accused was sentenced to 25 years’ direct imprisonment for rape.
Additional orders include his name being entered on the National Register for Sex Offenders, a declaration that he is unsuitable to work with children, and a finding that he is unfit to possess a firearm.
