The 26-year-old perpetrator, who pleaded guilty to rape and assault with intent to do grievous bodily harm charges in the Paarl regional court, was handed a mandatory life sentence for rape and six years for assault. CapeTown
She was also beaten with a belt for arriving home late.
However, Cape Town high court judge Constance Noluthando Nziweni delivered a scathing response to this argument in a judgment when she dismissed the appeal on Monday. ‘It was strongly asserted on behalf of the appellant [by his counsel] that there was no physical violence during the commission of the rape, the appellant’s guilty plea, that he is a first-time offender, that no expert evidence was presented to show that the child was going to experience long-term effects of trauma, the age of the appellant, that he is a father of two very young children, time spent in custody awaiting finalisation of the trial, together with appellant’s other personal...
For context, the court took into account that the belt beating meted out in June last year when the man got ‘upset and lost his temper’ but found that he had engaged in a pattern of abusive behaviour towards the child. Victim impact reports stated that the child suffered mental stress, experienced nightmares and feared the man ‘to the extent that when she would see him approaching, she would hide under the bed until there was an adult around.
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