Uncle handed down three life sentences for continuously raping his three minor nieces

Tracy-Lynn Ruiters|Published

A 34-year-old man was sentenced to three life terms for raping his nieces

Image: File

 A 34-year-old man has been sentenced to three life terms – one for each of his minor nieces after the Mitchells Plain Regional Court found that he raped and sexually abused the children over several years, beginning in 2008.

The accused was found guilty on five counts of sexual assault, two counts of flashing, and three counts of rape. He was sentenced to three life terms and an additional 35 years’ direct imprisonment, with the court ordering that the sentences run concurrently, effectively imposing a life sentence.

The State has not named the accused in order to protect the identities of the victims and to prevent secondary victimisation.

In addition to the prison sentence, the court declared the accused unfit to possess a firearm and ordered that his name be entered into the National Register for Sex Offenders as well as the National Child Protection Register for Persons Unsuitable to Work with Children.

The court further ruled that the victims have the right to make representations in terms of Section 299A of the Criminal Procedure Act should the accused be considered for parole, day parole, correctional supervision, or if he appears before any parole board.

During the trial, Regional Court Prosecutor Chantal Adams led evidence from the three victims, who testified about the abuse they endured from 2008 at the hands of a man they regarded as an uncle and trusted to protect them.

The court heard that the abuse began after the children’s parents separated and their father gained custody. The eldest victim did not initially report the abuse after being threatened by the accused and fearing the impact disclosure would have on the family. She later moved to live with her mother, instructing her younger sister to alert her if the accused ever touched her.

That call eventually came, prompting the middle sister to disclose what had happened to her and leading to a criminal case being opened. The eldest victim subsequently also came forward to report the abuse she had endured for years.

In its judgment, the court described the three witnesses as confident and found their recollection of events to be “astounding”. The court noted that their testimonies corroborated each other in material respects, including the living arrangements, family dynamics and the conduct of the accused.

The court found that the evidence was not fabricated and demonstrated a clear modus operandi, with the accused exploiting opportunities when he was alone with the victims.

The accused denied all allegations and called only his mother as a witness. His mother alleged that the victims’ mother influenced them to falsely implicate him. However, the court found the defence version to be riddled with inconsistencies and improbabilities, concluding that it could not be reasonably true.

The court ultimately ruled that the State had proved its case beyond a reasonable doubt, rejecting the accused’s version in its entirety.

National Prosecuting Authority spokesperson Eric Ntabazalila welcomed the sentence, saying it sent a clear message that crimes against children will not be tolerated.

“This sentence reflects the seriousness with which the courts view sexual offences against children, particularly where the perpetrator is someone entrusted with their care and safety. The NPA remains committed to ensuring that perpetrators of such crimes are held fully accountable,” Ntabazalila said.

Also welcoming the sentence, Western Cape Director of Public Prosecutions Adv Nicolette Bell vowed that the NPA would continue to aggressively prosecute cases where vulnerable victims are preyed upon by those meant to love and protect them.

Bell applauded the victims for their courage in recounting their experiences and pursuing justice, saying their bravery should encourage other victims and witnesses to come forward.

“This outcome demonstrates that the justice system can deliver accountability when victims are supported and when cases are thoroughly prosecuted,” she said.

tracy-lynn.ruiters@inl.co.za

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