Youth should not be on the side of a 27-year-old uncle who raped his 10-year-old niece, the Durban Sexual Offences Court ruled yesterday.
“Twenty-seven is not that young,” magistrate Melanie de Jager told a KwaMashu man before sentencing him to life imprisonment.
“There has been no evidence that you were immature,” she added, as the man who had been entrusted to care for the girl and her brothers, sat in the dock.
The court heard that just over a year ago, the child’s mother - his sister - had gone away to train as a sangoma.
Referring to the child’s victim impact statement, she said: “She expressed her feelings and the impact the rape has had on her, even though it was a year after.
“Photos taken before indicated a smiling face. She said she was happy reading a book, happy playing with friends, liked to go to school, liked to help others and liked to write.
“Afterwards she said she was very sad, angry and not playing with friends any more. She sits alone and doesn’t want to do anything. Above all that, she hates herself.
“This is clearly not due to her own doing.”
Quoting past cases, De Jager described child rape as “the most appalling and perverse abuse of male power” and that it was “often worse than loss of life”.
De Jager noted that the family had not taken the law into their own hands when dealing with him but had entrusted the courts and the justice system.
“They had reported the matter to the police and were seeking a proper outcome.”
In spite of the rape, the uncle and his sister were “still on speaking terms”, the court heard.
The rapist, dressed smart casually in an orange shirt and shorts with a leather belt, was a matriculant and earned money washing cars. Both his parents had died and he lived with his aunt.
He had pleaded not guilty.
De Jager told members of the girl’s family, who were present in court, that if they wished to have a say in a parole hearing in 25 years’ time, they should stay in touch with the parole officer.
A woman among the family wailed briefly after sentence was passed. Other family members stood around him as he signed documents before going down to start serving his life sentence.
They would not speak to the media.