Life sen­tence plus 20 years for naked rapist

The Witness - Wheels - - NEWS - IN­GRID OELLERMANN

THE man who lay in wait naked for a 75- year- old woman to emerge from her shower and then raped and robbed her was sen­tenced to life im­pris­on­ment plus 20 years yes­ter­day.

The 20- year jail term will be served con­cur­rently with the life sen­tence.

Judge An­ton van Zyl said Mduduzi Phenyane ( 33) showed no re­morse for his ac­tions.

He said it was clear from a state­ment by the woman’s daugh­ter that the woman had suf­fered se­vere psy­cho­log­i­cal and emo­tional trauma. Her or­deal was “life chang­ing”. All in­di­ca­tions were that Phenyane’s rape of the el­derly widow in her granny flat in Bis­ley in Au­gust 2012 was pre­med­i­tated and planned, said the judge.

“His mo­tive may have been to seek re­venge for a pre­vi­ous oc­ca­sion when he en­tered the [ vic­tim’s] bed­room and she chased him out.

“Clearly he knew who his vic­tim was go­ing to be … While she was in the bath­room he dis­carded his clothes in the kitchen, fit­ted a con­dom and waited. The vic­tim was a frail 75- year- old woman,” said Judge Van Zyl.

He said she was “sig­nif­i­cantly smaller” than Phenyane, who was a “tall, well- built young man who ob­vi­ously could over­power her with ease”.

Phenyane had tried to throt­tle the woman, flung her to the floor us­ing “un­nec­es­sary and in­tim­i­dat­ing vi­o­lence, be­fore tear­ing her clothes off her and sub­ject­ing her to rape”.

The “gra­tu­itous vi­o­lence” had con­tin­ued af­ter the rape, when he kicked and hit her ev­ery time she moved or tried to get off the floor. Af­ter lo­cat­ing scis­sors in the room, he stabbed her on a num­ber of oc­ca­sions.

The only ex­pla­na­tion for the de­gree of vi­o­lence was that, ac­cord­ing to the woman’s ev­i­dence, he was try­ing to tor­ment her, said Van Zyl. She spent days re­cov­er­ing in in­ten­sive care in hos­pi­tal. The judge said not only was the vic­tim frail and el­derly, but she also had a num­ber of un­der­ly­ing med­i­cal con­di­tions, and the phys­i­cal and men­tal as­saults were life threat­en­ing.

Van Zyl said he could not find any sub­stan­tial and com­pelling cir­cum­stances that would jus­tify im­pos­ing less than the min­i­mum sen­tences.

He sen­tenced Phenyane to 20 years’ im­pris­on­ment for rob­bery with ag­gra­vat­ing cir­cum­stances and as­sault with in­tent to do griev­ous bod­ily harm, and to life im­pris­on­ment for rape.

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