Life in jail for man who raped niece forced by family to 'forgive' him

A 34-year-old Limpopo man has been sentenced to life in prison for raping his 12-year-old niece who was later forced by family members to forgive him.

The child lives in fear of men, prefers to stay indoors and has struggled at school.

According to National Prosecuting Authority (NPA) Limpopo spokesperson Mashudu Malabi-Dzhangi,  the child indicated she was forced to forgive her rapist at a family gathering when elders, embarrassed by the incident, decided the charges must be dropped.

Family members confirmed the man had apologised and  they agreed to drop the charges.

“They said they feel humiliated by the incident as it affected the whole family negatively.”

The child was watching television with her siblings on March 2 2019 when the man called them to his homestead.

“The accused sent the other children to a nearby shop and remained with the victim. He called her into a shack and undressed her, placed her on the bed before raping her.

“When the other children returned, he told them the victim had gone home.”

The man apparently tried to hide the victim from the other children but they entered the shack and saw her, said Malabi-Dzhangi.

“He gave them R20 to buy snacks and instructed them not to tell anyone. The children reported to their neighbour, who informed the victim’s mother.”

The man pleaded not guilty to a charge of rape. 

Malabi-Dzhangi said the state, represented by advocate Makgomothi Masehela, led the evidence of three witnesses, including a doctor who testified about the child's injuries.

The victim’s aunt was not called to testify as she had earlier indicated she wanted the matter withdrawn — a request turned down by the state.

The case was challenging in that the victim was 12 years old and no DNA results were available at the time of the trial. The victim impact report, prepared with the assistance of a social worker, was handed in during sentencing.

The child suffered genital injuries and felt pain when urinating for almost two weeks after the rape. She had to receive medical attention and felt “humiliated and helpless to defend herself from the accused who ordered her not to scream when she felt pain”.

She lives in fear and cannot play or stay alone at home or trust men. She prefers to be indoors. Her self-esteem has been negatively affected as her mother stopped her wearing short clothes to avoid the attention of men. She experienced nightmares and is absent-minded. Her academic performance has dropped and she has repeated grades.

Malabi-Dzhangi said a pre-sentence report on the accused was handed in and the probation officer recommended the man be sentenced to life imprisonment.

The Mankweng regional court found no compelling circumstances to deviate from the prescribed minimum sentence.

Limpopo Director of Public Prosecutions, advocate Ivy Thenga, commended the SAPS and prosecutor for their work.

She hoped families would stop intervening in such cases, as victims would not get justice if the offences were not reported.

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