‘Devil got into me’ — rape accused

2011-02-11 00:00

PIETERMARITZBURG high court Judge Rishi Seegobin is expected to pass sentence on Monday on an HIV-positive man who sexually violated three children in his family who were aged seven, six and four years at the time of the incidents.

They are the children of the man’s three nieces.

His name cannot be published in order to protect the identity of the victims.

Called to testify in mitigation of sentence yesterday, the accused (50) urged the court to be lenient. “Its the devil that got into me,” he said of the offences.

In reply to questioning, the man said he had tested positive for HIV in 2002.

Asked by Judge Seegobin whether he was aware that HIV is a potentially fatal condition, he said he was.

He also knew if the virus was passed on to somebody else it could kill that person.

In a statement to court, the man admitted that he had sodomised a seven-year-old boy after taking him “bird hunting” in a forest near his home in Hlabisa, Mtubatuba, in 2007. Afterwards he gave him some sugarcane and told him not to tell.

In 2010 he raped his great-niece (then aged six years) after she approached him at home for a glass of water.

He said he instructed her to go into his bedroom and after she had complied he had anal intercourse with her.

He gave her 50 cents and also told her not to tell anybody.

On January 14 this year, he violated his other great-niece, aged four, who came to his home asking to borrow a pot.

He also had anal intercourse with her, he said.

The mother of the little boy who was assaulted in 2007 told the court that her son did not tell her what had happened to him and she only heard about it when her uncle was arrested in January.

The woman said her family is divided about what had occurred as the elders still believe her uncle should not have been arrested and that his crimes should have been “kept secret” within the family.

The court heard that all three children underwent HIV tests, which were negative, and that the tests will be done again after three months.

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