Courts

Man rapes his granddaughter in same bed as her brother

A 59-year-old man has been sentenced to life imprisonment for raping his granddaughter following numerous denials and threatening her with HIV.

The Bethlehem Regional Court heard that the incident happened while the man was sharing a bed with the girl and her younger brother last year.

Man denies raping granddaughter despite evidence

The court heard that during the night of 15 February 2023, the 14-year-old victim felt her underwear being pulled down and awoke to find her grandfather inappropriately touching her.

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When she questioned him, the accused ordered her to be quiet and placed his hand over her mouth, preventing her from screaming as he raped her.

In a desperate attempt to alert others, the victim used her elbow to wake her brother.

Upon awakening, he witnessed the distressing scene and attempted to leave the bed, but the accused forcibly grabbed him.

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However, the victim managed to strike the accused’s hand, allowing her brother to escape and report the incident to their mother.

The mother quickly arrived in the bedroom and found her daughter in tears.

After the victim disclosed the assault, the mother confronted the accused, who denied the allegations.

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She then took her daughter to her bedroom and noticed semen on a cloth after gently wiping the victim.

Returning to confront the accused with the evidence, he continued to deny raping his granddaughter.

The police were then called, and the accused was arrested.

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Medical examinations confirmed injuries consistent with the victim’s account, as detailed in the J88 report.

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Man claims girl’s mother caused rape injuries

During the trial, the accused maintained a bare denial of the charges, attempting to shift blame by claiming that the victim’s mother had caused her injuries by “inserting” the cloth into her vagina.

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This assertion was refuted by both the victim and her mother, who testified that the cloth was only used to wipe the victim’s genital area.

Advocate Nolubabalo Twalo, representing the state, urged the court to impose a life sentence, highlighting the absence of remorse shown by the accused for his actions that betrayed the trust placed in him as a protector instead of a predator.

It was also argued that the accused committed the crime while being HIV positive, further endangering the victim’s health.

In sentencing, the court sentenced the accused to life imprisonment, noting that there were no substantial or compelling circumstances to justify a deviation from the prescribed minimum sentence.

National Prosecuting Authority (NPA) spokesperson Mojalefa Senokoatsane said the organisation reaffirms its commitment to prosecuting all cases of sexual violence rigorously, as “these crimes violate the rights to dignity and privacy enshrined in our constitution”.

“The NPA hopes that this verdict will provide a measure of justice and closure to the victims and their families while ensuring that violent criminals are kept off the streets,” Senokoatsane said.

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By Nicholas Zaal