PRETORIA – The Lowveld community expressed outrage after Carl Christiaan Lotter was found guilty on eight counts of indecent and sexual abuse of the two children of a family friend, but only received a suspended sentence. This was despite the fact that Lotter had a previous conviction of sexual child abuse.
Specialist prosecutor Ms Isabet Erwee lodged an urgent appeal against what many called an inappropriate sentence. The appeal was moved to the Pretoria High Court where two judges on Monday replaced Lotter’s suspended sentence.
Lotter was sentenced to four years effective jail time. These two judges also ruled that the molester’s name must be recorded in the national sexual offenders register.
They unanimously agreed that the Nelspruit magistrate, ….. Sithole who gave the original sentence misdirected himself by this “disturbingly inappropriate sentence”. Both ruled that Lotter can not return to society without receiving treatment for his sexual urges.
During the appeal on Monday they also said that the magistrate underestimated the seriousness of the offence and the views that society holds on these type of offences. During the Nelspruit magistrate’s sentence, he said that he could not be influenced by society’s call for blood.
They also added that Sithole failed to take into account the effect Lotter’s previous transgressions had on his victims. “Children hold a very special place in society and they have the right to be protected.” One of the judges added that there was a moral duty on him to not have done what he did.
Defence attorney Mr Coert Jordaan immediately asked for the right to appeal against the new judgement but was denied. Jordaan also asked for discount on the years Lotter must serve based on his previous sentencing but this was also denied. The reason was that he has basically been a free man since the Nelspruit judgement last year and has not served any jail time as yet.
The parents of the two victims – who were both under 10 at the time of the ongoing abuse – were elated by the news. “Four years are not enough for what we as a family have endured, but it is better than nothing.” They added that it was a great relief for their daughters – who are now teenagers – that justice was served.
Ms Germaine Vogel of Women and Men Against Child Abuse (WMACA) applauded the state for having revisited this case.
“However, WMACA is shocked that a repeat offender with a previous conviction of sexual assault against a minor in 1997, who had rape charges dropped by his child victims as they could no longer withstand the pressure of testifying at court due to the delays over four years, who admitted to sexually assaulting the complainants during his trial , who was confirmed by one of the state’s witnesses, a registered clinical psychologist as a paedophile who will continue to pose a threat to children – still only receives a four-year prison sentence?”
Vogel asked how the state will protect our children if it does not practice zero tolerance and consistently sentence child molesters and rapists to life sentences. She concluded that at least his victims now feel protected and heard by the state who previously left them feeling betrayed and vulnerable.
Read the last article here and other earlier articles regarding the state’s appeal and the original sentence.
