Man slapped with life imprisonment for raping mentally challenged girl

The Malamulele Regional Court has sentenced to life imprisonment a 38-year-old man found guilty of the rape of a 19-year-old mentally challenged woman.

In order to safeguard the victim’s identity and preserve her privacy as a member of a vulnerable group, the accused’s name has been withheld.

According to National Prosecuting Authority regional spokesperson, Mashudu Malabi-Dzhangi, the accused adamantly denied the charges, but the court was presented with compelling evidence surrounding the tragic events of 1 July 2017, in the village of Ka-Mudavula.

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Malabi-Dzhangi said on that evening, the accused had visited the victim’s uncle, socialising and engaging in alcohol consumption.

“Seizing the moment when the victim headed to the pit toilet situated behind the house, the accused followed her.”

Drinking spree

Malabi-Dzhangi told that within the confines of that small, dimly lit space, he subjected her to an act of violence, ripping off her clothes and raping her.  

“Once he was done raping her, the accused was said to have left her there and returned to his drinking spree with her uncle.

“Overwhelmed by the experience, the victim emerged from the toilet, and relayed the incident to her aunt, who wasted no time in contacting the authorities.”

Malabi-Dzhangi said the accused was apprehended.

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During the trial, State Advocate Norman Makhubele skillfully presented a compelling case, relying on irrefutable DNA evidence and the victim impact statement delivered by Giyani Court Preparation Officer, Carol Tshikhudo.

Additionally, the court received expert testimony from clinical psychologist Lungile Malatji, underscoring the victim’s severe mental retardation and further cementing the prosecution’s case against the accused.

Aggravation of sentence

Malabi-Dzhangi explained that in aggravation of the sentence, the advocate also submitted that the crime statistics of rape and sexual violation of women and mentally challenged persons are very high.

“The fact that this person was severely mentally challenged was is a huge aggravating factor… She is a vulnerable victim who can’t even bath or carry out any household duties. Her aunt is taking care of her. Therefore, the court should not deviate from the prescribed minimum sentence,” the advocate said.

Malabi-Dzhangi said that the National Prosecuting Authority warmly welcomed the court’s resolute decision, applauding the dedication and investigative work of Advocate Makhubele and Sergeant Kenny Makhubele from the esteemed Giyani Family Violence and Child Protection Unit.