Dad who raped infant son should be spared life term — defence

It was a strange and bizarre occurrence spurred on by the consumption of alcohol and therefore a man convicted of raping his three-month-old son should be spared a life sentence.

This submission was made by the defence during argument in mitigation of sentence in the Gqeberha high court yesterday.

The 42-year-old father, who cannot be named to protect the identity of the child, was convicted on Wednesday on charges of rape and common assault.

He had first assaulted the baby’s mother before raping the baby boy.

Defence advocate Johan van der Spuy told the court that though the rape of a child was serious, the circumstances surrounding the May 4 2021 incident should warrant an exception from the prescribed minimum sentence of life behind bars.

“Given the circumstances, a life sentence would be shockingly harsh.

“This is not a life sentence situation,” Van der Spuy said.

In convicting the accused earlier this week, judge Denzel Potgieter had found the state witnesses to be credible when they recounted the harrowing events of that day.

The judge rejected the man’s claims that he was innocent.

He was arrested on the day of the incident after Walmer township community members assaulted him.

Before that, a neighbour had informed residents that the father had been caught, half-naked, on his bed sexually assaulting his infant son while the child’s mother lay sleeping next to them.

Though Van der Spuy argued yesterday that the attack must have been spur of the moment and caused by intoxication, state prosecutor Ansiot Kimfley insisted the man face the full might of the law.

“The rape involved a threemonth-old baby who could not defend or speak for himself.

“The father should be his first and last defence.

“[His] actions were deplorable [and have] destroyed the family,” Kimfley said.

The father has been in custody since his arrest.

The five other children he fathered with the mother of the three-month-old victim have been split up among family members.

The three-month-old boy has, meanwhile, been taken to a place of safety.

The man is expected to be sentenced today.