The Western Cape High Court has prioritised the welfare of a six-year-old rape victim, underscoring the urgent need for ongoing support and intervention.
The court ordered that, by way of an obiter dictum, it considered it essential to focus on the ongoing welfare of the minor complainant.
This comes after a child rapist who tape-gagged his six-year-old victim when committing the heinous deed, failed his conviction and sentence bid, and will continue to serve his two life terms behind bars.
High Court Judge Babalwa Pearl Mantame recommended that the relevant state authorities, specifically the Department of Social Development, in conjunction with the National Prosecuting Authority’s victim support structures, conduct a follow-up assessment on the girl’s well-being.
The court’s emphasis on the victim’s psychological well-being highlights the enduring trauma faced by survivors of such violent crimes and calls for immediate action from state authorities to ensure her long-term recovery.
“Given that she continues to harbour profound psychological trauma years after the incident, it is strongly recommended… Continued psychological counselling and support, extended to both the complainant and her mother, are imperative to facilitate their long-term healing and rehabilitation.”
Witter Maila (appellant) appealed against his conviction and sentence handed down to him at the Wynberg Regional Court, where he was arraigned for two counts of rape, assault, and one count of kidnapping.
During conviction proceedings at Wynberg, he was acquitted of the assault charge, and on August 28, 2024, he was sentenced to two life imprisonment terms as prescribed by the minimum sentences legislation in respect of the two counts of rape and five years’ imprisonment for the kidnapping charge he faced.
The sentences were ordered to run concurrently.
The girl testified through an intermediary, and the court heard of the incident that occurred on July 17, 2021, in the late afternoon, when the complainant, AN, was on her way home when she encountered an unknown man.
“This unknown man was later on identified by the complainant as the appellant in these proceedings. The appellant enquired if she knew Emihle. Before she could respond, he picked her up, threw her on his shoulders, and ran away. The appellant took her to a derelict area off the R300 highway and laid her down on the grass. The appellant made her lie on her stomach and undressed her tights and panties,” the judgment read.
The court heard that Maila, before raping the girl, took a picture of the complainant’s buttocks with his cellphone.
Having suffered the ordeal with the stranger, the six-year-old girl pleaded to go home, but instead, Maila took her to his home, where he raped her again.
“The appellant did not release the complainant to go home, but the appellant made her sit on the chair and tied her up, stuffed her mouth with a sponge, and tape-gagged her. The complainant remained there until the early hours of the morning, when the appellant untied her, carried her, and dumped her in a dumping site.”
After the ordeal, the complainant ran home and reported what happened to her mother, who then immediately took her to the police station to open a criminal case.
Citing case law, Judge Mantame highlighted that “despite campaigns and law reform efforts from the government, there is no demonstrable stem in the scourge of violent crimes committed against women and children”.
Judge Mantame said: “Indeed, this is a serious offence which has a devastating and negative lasting impact on the child’s right to human dignity and bodily integrity. In this regard, this court aligns itself with what was said by the magistrate that the community demands sentences which reflect the determination of the courts to protect the vulnerable members of the community, and more in particular, children.
“The enduring trauma experienced by the complainant is clearly evidenced by the victim impact report compiled for the court below. The report indicates that the complainant remains highly anxious and hypervigilant, both at home and at school. She continues to harbour a profound fear that the appellant will return to violate her, which has caused her to become reclusive and unwilling to leave the safety of her home.
“Consequently, her mother was compelled to arrange dedicated transport to escort her to and from school to mitigate her fear of being abducted or harmed again, an administrative and protective measure that has come at great financial expense to the mother.”
Chevon Booysen
iol.co.za