20 years’ jail for man who raped niece
FAMILY members of a man convicted of raping his 11-year-old niece sobbed at the Port Elizabeth High Court yesterday when he was sentenced to 20 years in prison.
The man, a 42-year-old fitness trainer, youth leader and athlete from Arcadia, wiped away tears as Judge Glenn Goosen handed down his sentence.
The man’s name will also been added to the National Register of Sex Offenders. He can not be identified in order to protect the identity of the little girl he raped.
The girl’s mother said she was glad the trial was over and that she and her daughter, who is in Grade 5, can now move on with their lives.
“It has been very difficult for us to come to court and for my daughter to testify but we are glad it is over now. Justice has been served and it is not for me to say whether he received the best sentence. It was in the court’s hands,” she said.
The man’s emotional family refused to comment on his sentence and several family members hugged him as they said their goodbyes.
Earlier this week the state had rejected the man’s plea explanation that the girl had initiated the sexual intercourse at a family lunch in West End on December 9 2012. The court then accepted his plea as one of not guilty and the trial proceeded. He was eventually convicted on Tuesday.
He sobbed as he begged the forgiveness of the girl, her family and his own family. The girl is the niece of his wife, who was also present at the family lunch where the rape took place.
His wife remained by his side throughout the trial.
Goosen said he believed there were substantial and compelling circumstances that warranted a departure from the prescribed sentence of life in prison, which was reserved for the most heinous crimes where the accused poses a danger to society.
“The rape of women and children is horrifyingly prevalent in our society today. In this instance the victim was raped by an adult family member who should have acted as a protector,” he said.
He said the girl was deeply traumatised and that her young life had been shattered as a result.
“She is filled with despair and anger at the world. She says she has tried in her heart to forgive the accused and that while she has forgiven him, she can not face him.”
Goosen said the rape had also destroyed what had been a close-knit family. “That family has now been torn apart.” He said the man had been employed at a company where he had worked himself up from being a general labourer to a quality controller in a period of 14 years.
“He supports his mother, his wife and has two children from another relationship who he maintains as well. He is an active member of the community and belongs to an athletics club and he is also an accomplished long-distance runner.”
Goosen said the man had been unable to explain his conduct on the day of the incident, only saying that he had five or six beers which had affected him quickly because he is a runner.
He said the state had pointed out, however, that the accused had attempted to lay the blame on the complainant and that this did not constitute real remorse.
He said that despite this, the prosecution did not seek a sentence of life in prison.
“I believe the accused has come to realise the impact of his criminal behaviour and he has demonstrated many of the attributes of a well-socialised person who can one day make a positive contribution to society.”