Stepfather fails to overturn sentence after sexually abusing child with blunt object

A stepfather has failed to overturn his life imprisonment sentence for sexually assaulting his stepdaughter with a blunt object.

The case was heard in the Western Cape High Court on 22 March and 1 November 2024.

The stepfather, who was 52 years old at the time of his sentencing, was convicted of three counts of sexual penetration after pleading not guilty and electing not to take any plea explanation.

He appealed his sentence for the sexual assault of his stepdaughter, who was eight years old at the time.

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In court papers, he argued that his legal representation failed to represent him adequately. He was then represented by another legal practitioner during the sentencing proceedings.

He also appealed his sentence, arguing that the evidence implicating him was that of a single witness and was insufficient as it was not satisfactory in every material respect.

WARNING: GRAPHIC CONTENT

His stepdaughter testified that the man sexually abused her when her mother was not at home. He was also the only adult present when it happened.

She said this happened when he told her to ‘rest’ on his bed. He sexually molested her on two separate occasions on two consecutive days.

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“On the first occasion, she was sexually molested under the cover of a blanket on the appellant’s bed in her mother’s home. From the outset, she testified that her relationship with the appellant was not ideal because the appellant was not kind to her,” reads the court papers.

“On the first occasion when these offences occurred, her mother left her and her siblings with her aunt at her aunt’s house. The appellant arrived at her aunt’s house and removed her and her siblings, and they went to her mother’s house, where the appellant also resided. When her siblings fell asleep, the complainant perpetrated these sexual crimes against her.”

Blunt object used

The following day, her mother left her home and visited some of her friends. He again sexually molested her.

Her mother returned the day after the incident, but the child was afraid to report what had happened to her mother. She eventually told her mother two days after the incident.

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The incident was reported to the police, and the child was taken for a medical examination.

“The examination revealed findings compatible with penetration with a blunt object in the genital area and the anal area of the complainant. She opined that penetration had occurred vaginally through a blunt object. Extensive, widespread bruising was indicated in this area, which was also consistent with blunt object penetration.”

The medical evidence corroborated the version of events the child narrated to her mother.

Sexual abuse: Stepfather’s argument

During his testimony, the stepfather did not call any witness or dispute the correctness of the medical evidence. He also did not dispute that on the occasions when the sexual molestation of the child occurred, he was the only adult in the presence of the child at that time.

However, he denied penetrating the child.

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He argued that the child’s evidence was “unsatisfactory” and that she was a young and impressionable single witness.

Judges Andre Le Grange, Wille J and Bishop AJ disagreed with the stepfather’s statement.

“The complainant was not a single witness. We say this because, in its material terms, her evidence was corroborated by the other witness who testified on behalf of the prosecution – her mother. Moreover, the fact that penetration occurred was corroborated by the medical evidence, which was left unchallenged.”

“But the appellant, it appears, did not accept their versions. He says they were intentionally falsely accusing him and had done the same on a prior occasion. Nor were any of the documents in the earlier case, in which he was supposedly acquitted on similar charges brought by the same complainants, introduced in evidence before the trial court or in this court.

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“Also, the appellant did not show any remorse. Finally, the imposition of a life sentence upon the appellant was not unjust and disproportionate, considering the circumstances surrounding the commission of the offence.”

In a judgement delivered on Friday, the court dismissed the stepfather’s appeal against his convictions and sentence.

His life imprisonment sentence was upheld.