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S.Africa: Man jailed for raping and sodomising nine-year-old relative

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  • pbs@iafrica.com
    From: WWW.AfricanCrisis.Org [15 years is nothing... he will be out soon... within a few years... Jan] A man has been jailed for an effective 15 years for
    Message 1 of 1 , Apr 4, 2005
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      From: WWW.AfricanCrisis.Org
      [15 years is nothing... he will be out soon... within a few years...
      Jan]

      A man has been jailed for an effective 15 years for raping his cousin's
      nine-year-old daughter.

      Judge Thandazwa Ndita told the Delft man, 22, in the Cape High Court on
      Tuesday: "It is horrifying to know that you had sexual intercourse with a
      nine-year-old. And not only that, you also forced her to have anal sex
      with you."

      The man was appealing to the High Court against a life sentence imposed
      by the Bellville regional court.

      It is alleged that early in 2003, the girl had been left in the man's
      care while the parents were away for the evening.

      'We hold no grudges against the man'

      Under cross-examination from state prosecutor Lora Joubert, the man said
      he did not know why he did it.

      "I feel sorry for the victim and the pain that I caused her.

      "I hope she can find it in her heart to forgive me," he said.

      A doctor found the girl had a heart condition after the rape.

      "Apart from her heart condition, social workers say the girl has lost her
      humanity and suffers from constant flashbacks. In fact she does not want
      to hear news or any reports about rape," the judge said.

      'It's my daughter who has not forgiven him'
      Judge Ndita said reports from a community church and a Pollsmoor Prison
      spiritual worker showed "you're on the road to rehabilitation".

      "The court is also aware that you spent three years in prison but that
      will not count in the sentence I will give you because you're appealing
      against a life sentence".

      Court papers stated that the girl's teacher had reported the rape to the
      police before the parents took action.

      The girl's mother said, "We sent her to school although we knew she had
      been raped because we wanted to talk it over as a family first.

      "Of course we wanted to lay charges against the man. But what's also
      important is that this man comes from a religious background.

      "We trusted him... as he was a very helpful child at our home. And we
      still can't get it out of our heads that he raped our daughter."

      She said: "We hold no grudges against the man. And my husband has visited
      him in prison. It's my daughter who has not forgiven him and I don't
      blame her for that."

      Before passing sentence Judge Ndita said she had weighed up the man's
      personal circumstances and found that a life sentence was inappropriate
      because he was still young.

      "Our constitution enshrines the protection of human rights. Rape and
      indecent assault are a violation of human rights. Therefore you're
      sentenced to 15 years for rape and 10 years for indecent assault, and
      those sentences will run concurrently."

      This article was originally published on page 7 of Cape Argus on March
      30, 2005

      Source: Independent Online (IOL)
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      http://www.iol.co.za/index.php?set_id=1&click_id=15&art_id=vn20050330105213858C803478
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