THE meagre sentence prescribed to a 36-year-old accused of raping his 11-year-old daughter has not sat well with prosecutors who hunger for justice.
The Enseleni man’s sentencing took place at Empangeni Magistrate’s Court on Tuesday, where he faced three separate charges of sexual assault along with a count of rape committed in July last year.
Standing heavily on the side on lenience, the court sentenced him to 10 years imprisonment for rape, of which half would be suspended, and three years imprisonment for two of the three counts of sexual assault.
The ruling magistrate, N Nkwanazi, also opted for the sentences to run concurrently which effectively sentenced him to serve just five years in prison; a stark deviation from the ’25 to life’ minimums normally imposed in cases involving similar circumstances.
The prosecution intends to appeal the sentence.
‘Every case must be evaluated on its own merits and there are guidelines in place that one can follow within legislation regarding circumstances like these,’ said Nkwanazi.
‘While some might think the sentence is too lenient, the court finds compelling and circumstantial evidence and must deviate from giving life imprisonment.’
She cited factors including that the accused is a first offender, enjoyed a ‘good relationship’ with his daughter, was shown have ‘affection for his children’ and that the mother of the child is deceased and thus relies on her father for support.
The court took also into consideration that the accused had given the child a ‘sleeping tablet’ shortly before the incident, allegedly also taking one himself, and that the effect of the tablet on them was uncertain.
Further, while prosecution proved that penetration did take place, Nkwanazi noted that the accused did not cause any other ‘physical injuries’ to the child.
The defence contested and wished to appeal the conviction, believing another court would have ruled and concluded differently, but the appeal was denied.
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