Justice delayed: Ten years later, rapist gets 10-year jail sentence for molesting his domestic worker
The Mkhondo Regional Court in Mpumalanga has sentenced Petrus Daniel Swart, 51, to an effective term of 10 years imprisonment for raping his domestic worker in 2014.
The horrific incident happened at a farm in Piet Retief, according to Mpumalanga spokesperson for the National Prosecuting Authority (NPA) Monica Nyuswa.
“On March 5, 2014, the victim was busy doing chores in the Swart family household and the accused (Petrus Daniel Swart’s) wife was away taking their children to school. The accused suddenly grabbed the victim from behind and wrestled her to the ground,” said Nyuswa.
The domestic worker attempted to resist Swart’s actions, but she was overpowered.
The NPA said Swart then raped the defenceless woman in his house.
“A short while after the incident, the accused’s wife arrived and found the complainant crying. When she enquired, the complainant reported the ordeal to her,” said Nyuswa.
The matter was reported to the police and Swart was arrested.
“During a marathon trial, the accused denied the allegations levelled against him. The State led evidence of the victim. Then the biggest delay was caused by the defence, disputing the forensic expert evidence about the accused’s blood samples,” said Nyuswa.
As a result, the matter was taken to the high court for review and the court ordered that new DNA samples be taken.
“The DNA results positively linked the accused to the offence. Then the matter had to be remitted back to the trial court. At the end of the trial, the court found the accused guilty as charged,” said Nyuswa.
For the prosecution, advocate Marlin Cairncross presented the victim impact statement compiled by the raped woman, and facilitated by court preparation officer Lindokuhle Sithole.
In the documents, the woman told the court how the rape ordeal had affected her life.
Cairncross argued that the accused failed to prove the existence of any substantial and compelling circumstances to justify the deviation from the prescribed minimum sentence.
“The court concurred with the sentiments of the State and contended that the interest of society, the gravity of the offence and the impact the heinous incident had on the complainant far outweighed the personal circumstances of the accused,” said Nyuswa.
“The accused was sentenced to an effective term of 10 years direct imprisonment and the defence brought an application for leave to appeal the conviction, which the State opposed.”
Speaking to broadcaster Newzroom Afrika, the 47-year-old woman whose identity is withheld to protect her, said she will never forgive Swart.
“It’s difficult to forgive someone who gets to the point of going to prison without acknowledging his offences. From the time he was initially arrested, he has been denying it, saying he has done nothing to me. What I think I now need to do is to forgive myself, because he is now locked up and I can live my life,” said the woman, crying.
Activists told Newzroom Afrika that Swart has gotten away with a slap on the wrist.
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