The 28-year-old from Schoemansdal, who cannot be named to protect the victim’s identity, was arrested on October 14, 2010, after his 16-year-old niece opened a rape case against him on September 29, 2010, a Sapa correspondent reported.
He pleaded not guilty in the Nelspruit Regional Court to two charges of rape and one of armed robbery.
He told the court he had a love affair with his niece and the sex was consensual, adding that her mother also knew about their affair.
Magistrate André Geldenhuys told the man, “In her testimony, the victim has denied being in a love affair with you.
“Her mother also testified she knew nothing about your affair. She only heard it from you the first time in this court and it surprised her.”
Geldenhuys said the victim’s mother, who is a person with a disability, testified that the accused was a relative and that she last saw him in February 2010.
“The mother said she found it hard to believe you raped her daughter. She said you lived with them about five years ago,” said Geldenhuys.
Geldenhuys said, according to the 16-year-old, she was at home in Schoemansdal on the night of September 29, 2010, when she heard someone knocking at the door.
“She said after she heard your voice and asked what you wanted, you said her brother had been stabbed and he was badly injured. You told her he was in the car that was parked at the gate,” the magistrate said.
“After she opened the door, you asked who else was in the house. When she replied there was only her grandmother and a child, you took out a firearm and told her not to scream. You then forced her to go into her bedroom, followed her and locked the door.”
Geldenhuys said in the bedroom, the man forced her to undress.
“When she replied that she was having her period, you said it was okay with you. You then raped her and you fell asleep afterwards. She wanted to escape but was scared of the firearm. She also slept,” he said.
The next morning when the man woke up, he raped her again and when he was done, took her Samsung cellphone worth R450. He locked her inside the room and left.
“Two witnesses who were her neighbours said when she came to them for help, she was crying and had covered her bottom with a towel,” the magistrate said.
“A forensic nurse who checked her that same day said although she was sexually active at the time, she was indeed raped. The nurse also found anal injuries on her.”
Geldenhuys said the man also admitted having sex with the victim, which he said was on agreement. He said the man also testified that his parents also bought the victim a new cellphone as the one missing was never found.
“The court is satisfied with the victim and witnesses testimonies. You also implicated yourself in the case by admitting you had sex with the victim,” he said.
“You are therefore found guilty on all two counts of rape and armed robbery.”
The case was postponed to March 25 for sentencing.