Stepfather sentenced to seven years for various sex offense charges

MBOMBELA – “The emphasis here is this was not a rape with violence; this was consensual sexual relations with a minor, which by legislation bounds to statutory rape,” said Magistrate Vanessa Joubert while handing down the sentence in the Nelspruit Regional Court.

The man, who cannot be named to protect the identity of his minor victim, pleaded guilty to five counts of various sexual offences against his stepdaughter.

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For sexual grooming, he received a two-year sentence. For statutory rape, he received six years, of which it was wholly suspended for five years on condition he did not repeat the crime. For sexual exploitation he received four years. For the manufacturing and possession of child pornography, he was handed a sentence of 12 months.

Overall, the man will serve seven years in jail. He will also be put onto the register for sex offenders. Joubert added that there was a video and 130 graphic photos which were not shared with any other outside parties

She further said the sexual relations began in 2018 when the girl was 13, until April 30 this year. “Violence and force was not involved here. This was a complex manipulative sexual situation. Because of his influence and authority, he had blurred the lines. He was an opportunistic offender who preyed on her at home to satisfy his own needs.”

She added that since the man had been arrested, the family had suffered severe financial constraints. “They have lost a
R20 000-per-month income plus a vehicle.

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He was the breadwinner of the family.”According to the magistrate, the girl’s mother had testified that the victim had been on an emotional roller coaster, as she had carried a burden she could not share with others, and carried a lot of hate in her heart for her stepfather. She would then repeatedly forgive him.

The mother had added that the victim’s childhood had been stolen. The girl had failed a year in school and had started cutting herself.

“It is a constant battle on top of this, to keep their heads above water financially.”

Joubert stated that the offender had shown remorse and that he had handed over 90 per cent of his provident fund to his estranged wife.

Childline national executive officer, Dumisile Nala told Lowvelder that it was an extremely disappointing sentence.

“For our part, we know that these perpetrators groom children. This is confusing for the child. We do not believe a minor can give sexual consent.”

She urged the family to appeal the sentence. “We recommend the family approach the Centre for Child Law,” concluded Nala.
The Centre for Child Law is a registered law clinic, based in the Law Faculty at the University of Pretoria. It uses strategic impact litigation to promote and advance the rights of children in South Africa.

The centre has had a number of successes in the Constitutional Court, the Supreme Court of Appeal and the High Court. The judgements obtained have set precedents that have brought about changes in the law, government activities and broader society.