A 34-year-old Mitchells Plain man has been sentenced to three life terms and 35 years’ imprisonment after being convicted of raping his three minor nieces over several years.
The Mitchells Plain Regional Court handed the sentence down on Monday 26 January, after finding the Rocklands resident guilty on multiple charges of sexual assault, flashing and rape.
Multiple charges and concurrent sentences
National Prosecuting Authority spokesperson Eric Ntabazalila said the court convicted the man on five counts of sexual assault, two counts of flashing (exposure or display of genital organs) and three counts of rape. The state has not named the accused to protect the victims’ identities.
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The court ordered the sentences to run concurrently, effectively sentencing him to life imprisonment. Additional orders included declaring him unfit to possess a firearm and entering his name into the National Register for Sex Offenders and the National Child Protection Register for Persons Unsuitable to Work with Children.
Years of abuse following custody arrangement
Regional Court Prosecutor C Adams presented evidence from three victims who testified about abuse that occurred between 2008 and subsequent years. The incidents began after the girls’ parents separated and their father gained custody, placing them in the care of their uncle.
The eldest victim initially remained silent about the abuse due to threats from the accused and fears about the consequences of reporting. After moving to live with her mother she instructed her middle sister to contact her if the accused touched her.
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When that dreaded phone call came both sisters disclosed the abuse to their mother, prompting the eldest also to open a case after years of silence.
Court finds victims credible
The court found the three witnesses confident with detailed recollection of events. Their testimony corroborated aspects of the living arrangements, details about the accused and family circumstances. The court noted their evidence showed a pattern of behaviour where the accused took advantage when alone with the victims.
The accused denied the allegations, calling only his mother as a witness. His mother alleged that the victims’ mother had influenced them to make false accusations. However, the court found the defence case “riddled with inconsistencies and improbabilities” and rejected the accused’s version as not reasonably true.
Officials welcome sentence
Western Cape Director of Public Prosecutions advocate Nicolette Bell welcomed the sentence, vowing that the NPA would continue to aggressively prosecute cases where vulnerable individuals are taken advantage of by those meant to protect them.
“Adv Bell applauded the victims for their courage in retelling what had happened to them and ensuring justice for themselves,” Ntabazalila said. “Their courage is an example to all other victims of crime.”
Mitchells Plain Community Policing Forum (CPF) court-watch and victim-support representative Linda Jones said the forum was happy with the outcome, noting that while the uncle had a right to appeal the CPF intended to lobby for the sentence to remain unchanged if he did.
The court indicated that victims had the right to make representations under Section 299A of the Criminal Procedure Act should the convicted person be considered for parole, day parole or correctional supervision.
