“Raising a hue and cry and collapsing in a trembling and sobbing heap is not the benchmark for determining whether or not a woman has been raped.”
With this statement, Western Cape High Court Acting Judge Siviwe Yake dismissed the sentence appeal of a convicted rapist, who accused his minor stepdaughter of seducing him, which led to the “abhorrent and heinous” rape incident.
The man, who is not named in court papers to protect the identity of his stepdaughter, appealed against his life sentence handed to him in the Blue Downs Regional Court.
During the trial, the man pleaded not guilty to the rape of the 15-year-old girl, which occurred on the same bed he shared with his wife, who had fallen asleep after taking sleeping pills.
The incident occurred in September 2018 at the complainant’s home in Wallacedene, Kraaifontein.
At the time, she was sleeping in the same bed as her mother and the stepfather.
Following the incident, the complainant reported the matter to her aunt, who found her crying after she moved from the room and went to sleep on the couch in the kitchen.
The aunt relayed the information to the girl’s mother, and upon confronting him, he denied it and said she must have been dreaming.
The girl was taken for a medical exam, after which the man was arrested.
Acting Judge Yake further admonished the rape in her judgment and highlighted the increasing incidents of familial rapes.
“The rape of a child under the age of 16 is a heinous and abhorrent crime, deserving of the utmost disdain… Disturbingly, cases involving familial or familiar relationships appear to be increasing rather than diminishing.
“Our society has reached a point where men, driven by unrestrained sexual desires, transgress all bounds of decency and humanity, as we have observed in the present matter.
“As judicial officers, the responsibility lies with us to uproot this scourge and to demonstrate, through the sentences we impose, the seriousness with which these offences are regarded. Only then may the community begin to regain trust in the judicial system,” said Acting Judge Yake.
During sentencing proceedings, the rapist’s lawyer was commended for the about-turn regarding the silence of the rape victim during the incident.
“(Counsel for the applicant) with commendable candour, conceded that her criticism regarding the complainant’s failure to cry out for help during the incident, despite the house being her place of safety and occupied by several family members, was devoid of merit and wholly untenable.
“It is regrettable that, even in this day and age, victims of sexual offences continue to be criticised for not behaving in a manner that accords with preconceived expectations; whether before, during, or after the incident. Such criticism is misplaced and perpetuates harmful stereotypes,” said Acting Judge Yake, who further said that there was nothing unusual about the complainant’s behaviour.
The rapist’s conduct also came under scrutiny when the court lambasted him for not showing remorse and attempted to minimise his conduct by shifting blame onto the child, accusing her of being the instigator.
“What is most disturbing in this matter is the conduct of the appellant. He has shown himself to be a man devoid of respect, not only for the complainant and her mother, but for his own dignity as well.
“He did not shrink from engaging in sexual intercourse with a child while her mother lay beside them in the same bed.
“He exploited the fact that the complainant’s mother, having taken sleeping medication, was unlikely to awaken.
“Such behaviour demonstrates that the appellant is a manifest danger to children and to society at large. It is incumbent upon the courts to protect our children, who are the future of this country.”
Chevon Booysen
iol.co.za