Rape 'not brutal' - judge

2006-05-17 22:38

Liela Magnus

Pretoria - A High Court judge sentenced a child rapist to 15 years' imprisonment on Wednesday, instead of handing down a life sentence, because the rape was not "brutal".

Acting Judge Natvarial Ranchod said there were substantial and compelling circumstances in the case which prevented him from imposing the minimum sentence of life imprisonment on Jack Mabena, 44.

Mabena was convicted of raping a nine-year-old girl at his house in Soshanguve, northwest of Pretoria.

Ranchod said that because the rape was not brutal and because Mabena was a first offender who had reached "middle age" without clashing with the law were substantial and compelling circumstances.

Exploited her vulnerability

A friend of Mabena's had interrupted him in the act, but Mabena told him he would buy him a beer if he kept quiet about it.

He also threatened to beat the girl with a belt if she told anyone about the rape.

Ranchod said in his judgment that Mabena had exploited the girl's vulnerability and attacked her when he should have protected her.

The report handed in to court regarding the effect of the rape on the victim, stated that the girl was emotionally traumatised.

Ranchod said this trauma would persist into her adult years.

Her schoolwork began deteriorating after the rape and it had affected her social relationship with others in her age group.

Ranchod said he took into account that Mabena already had spent two years in detention.

He rejected Mabena's application for leave to appeal against the conviction.

- Beeld