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Convicted rapist set free
21/08/2007 23:06 - (SA)
Pretoria - A man who was sentenced to life imprisonment for repeatedly raping a 9-year-old girl has been freed after three years and eight months behind bars.
A full bench of the Pretoria High Court on Monday set aside the conviction and life sentence imposed on Willem Francois Steyn, 34, in 2004.
Judges Willie Hartzenberg, Bill Prinsloo and Lettie Malopa said the State had not proved its case against Steyn beyond reasonable doubt and his version that he was not the child's rapist could reasonably be true, as there was a possibility that someone else might have raped the girl.
Steyn was convicted by a Klerksdorp magistrate in April 2004 for repeatedly raping a 9-year-old girl while living with her parents. The High Court later confirmed his conviction and sentenced him to life imprisonment.
'She never reported the rapes'
The girl told a friend at school about it, who reported it to her teacher. Steyn was arrested after a medical doctor confirmed that the child had been raped.
The State, however, never called the girl's friend or teacher as witnesses during Steyn's trial, but relied on the child's evidence, who testified that Steyn used to put sticky tape over her mouth before raping her.
The child claimed she had told her parents about the rapes, but her father denied any such knowledge. The mother admitted it, but could not give any reason why she never reported the rapes.
Judge Hartzenberg said it was strange that the parents never did anything after their child's shocking revelation, which resulted in the question whether the mother had not deliberately neglected to lay a charge.
She and her husband had, after all, no reason to protect Steyn, who was unemployed and a burden on them.
He said the evidence of a social worker and a psychologist - that was never placed before the magistrate - revealed a shocking picture of a child who had been exposed to sexual conduct from a very young age and who was particularly sophisticated about it.
It also revealed a child who repeatedly lied and stole and had on one occasion falsely accused Steyn of stealing milk money to hide her own guilt.
Her parents had been aware of the allegation that Steyn had raped her, but did nothing about it. It was possible that someone else may have raped the girl and that Steyn was falsely implicated to protect that person, he added.
- SAPA
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