HIV+ rapist jailed for life
2008-05-16 20:48
Johannesburg - A 41-year-old man - who knew he was HIV-positive - was sentenced to life in prison by a Grahamstown High Court judge on Friday after his conviction for raping his mute and mentally-ill cousin.
Judge Jean Nepgen granted leave to appeal against the sentence after the man's lawyer, Deon Geldenhuys, argued the sentence was "shockingly inappropriate and unjust".
"Substantial and compelling circumstances" existed to justify a lesser sentence, said Geldenhuys.
Nickie Turner, for the state, opposed the application, arguing that any mitigation was "simply overwhelmed by the seriousness of what (the accused) had done".
The accused, from Dukathole, Burgersdorp, may not be named as he is related to the 24-year-old woman.
He was found guilty of raping her near her grandmother's house on April 29 last year.
For the purposes of sentencing the judge treated the man as a first offender, even although he had a previous, but unrelated, conviction.
"The fact that the woman you raped was a mute imbecile, and that you knew you were HIV-positive, brings this offence into the parameters of the Criminal Law Amendment Act No 105... which makes provisions for life imprisonment.
"Both the rape of a mentally-ill person, and the act of raping a victim while knowing you are HIV-positive, can each attract a life sentence on their own.
"The offence of which you have been convicted of is undoubtedly a very serious one. Although the complainant was 24-years-old, she cannot remotely be considered as an adult.
"She was as vulnerable and defenceless as a two-year-old child. In fact, from my observations, she functions as a child and was completely incapable of resisting you."
- SAPA