UPDATE: 26 May 2015, 2pm – The owner of a crèche in Alexandra who ordered two toddlers to re-enact a sex scene after they were caught in a toilet and filmed them has been sentenced.
Daphne Sithembe, whose crèche has since been closed, was given a five-year suspended sentence for compelled rape and her name will be submitted to the National Register for Sex Offenders, a move that will bar her from working with children in the future.
Sithembe was also told that whenever she seeks employment that involved working with children, she was obliged to disclose her conviction, failing which, her sentence would automatically kick in.
Sithembe was sentenced for the offence that occurred in February last year at her creche in her home in 3rd Avenue. The facts of the case were that caregivers in Sithebe’s creche caught the toddlers, a five-year-old boy and a two-year-old girl, having sex in a toilet.
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They reported the matter to the principal who then ordered the children to re-enact the sex act and then took out her phone and videotaped them. She claimed that she wanted to have evidence to give to the children’s parents in case they denied it.
In mitigation of sentence, Sithebe’s lawyer said that she had pleaded guilty to the charge in order not to waste the court’s time, and agreed that it was a serious offence that involved young children. The lawyer said she had shown remorse for her actions.
Passing sentence, the court said although she had admitted guilt, the courts were obliged to pass stiff sentences in cases of child abuse.
“This case will also serve as a deterrent to other people who might want to commit similar offences,” the court said.
“The court has taken into account her personal circumstances as a pensioner and breadwinner for grand- and great-grandchildren. A five-year suspension, coupled with the registering of her name on the sexual offenders’ register was enough punishment,” the court said.
A member of the public who preferred to remain anonymous, said this should be a test case for creches to make sure they followed appropriate regulations when entrusted with the education, care and development of children.
“It is important to ensure crèches operate within the confines of the law and caregivers are given appropriate skills, knowledge and training in order to gain the parents’ and the children’ s trust.”
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Initial report: She is expected to plead to a charge of compelled rape when she appears today in the Alexandra Magistrates’ Court.
Details: Timeslive
