SECUNDA – Two eMbalenhle brothers convicted of raping their younger sister when they were also minors, were sentenced in the Secunda Regional Court to 12 years’ imprisonment each on Thursday, 15 November.
The brothers were 16 and 17 years old respectively when they both raped their seven-year-old half-sister in 2011.
The girl’s mother had to write exams in Pretoria and the father had to work on the day of the crime.
The boys were asked to look after their sister for the day, but they each raped her twice.
The brothers are now aged 23 and 24-years old.
They pleaded with the court the week before for a suspended sentence because they were still young at the time of the offence and they now support their father.
The father also begged the court for mercy on behalf of his sons.
Regional Magistrate Graham Cupido said the complainant was a defenseless young child who was raped twice by each of her older siblings.
“You were supposed to protect her – not abuse her.”
“This atrocity happened in what should have been the safety of the child’s home,” Mr Cupido told the brothers.
He considered this as aggravating factors that a child who was supposed to feel safe and protected in her home, was raped there.
Mr Cupido said that although the child did not sustain serious physical injuries, it was a very painful and traumatic experience which was worsened by the threats the boys made.
She was even threatened if she cried.
“Rape is the brutal invasion of the privacy and dignity of a victim. The latest crime statistic shows that of the 50 000 sexual offenses reported, more than 40 000 included rape.
“Alarming statistic states that one in three girls will be raped before the age of 16,” said Mr Cupido.
He said society is outraged by these offenses.
“Society expects, and it is the courts duty to protect the vulnerable members of society, this only can be done through appropriate sentences that will send a clear message that these atrocities will not be tolerated.
“However, the court is also merciful and took into account the offenders’ personal circumstances.
“They were minors at the time and have no previous convictions. One cannot expect that a teenager acts as responsible as an adult,” he said.
Mr Cupido pointed out that the brothers did not, however, show any remorse for what they did.
“The incident clearly had a negative effect on the girl. It is clear from the evidence that the family structure broke up because of this. The girl is also prejudiced further because she also lost a father figure.”
Mr Cupido also took into account the social workers recommendation at the pre-sentence hearing that both brothers be sent to prison because they did not take responsibility for their actions.
He further stated that giving them a suspended sentenced which they were requesting, would under-emphasise the seriousness of the crime.
The brothers were sentenced to direct imprisonment for 12 years.
Mr Cupido gave them permission to appeal the sentencing to a higher court.
The brothers were visibly shocked at the outcome.
They had to surrender their cell phones and personal belongings to the court ordinance before being led down the steps from the courtroom to the holding cells beneath.
Their ashen father who left the court building without a word was followed by a wailing relative whose sobs could be heard throughout the building.
The girl’s smiling mother said she was relieved that justice has been served.
Also read:
https://www.citizen.co.za/ridge-times/128487/embalenhle-brothers-raped-7-year-old-sister-ask-court-mercy/
