CCTV rapist found guilty

2012-09-04 00:00

THE first word that came to mind when viewing CCTV footage of a rape in progress in the city centre was “disgusting”.

These were the words of regional court magistrate Rose Mogwera, who yesterday sentenced the rapist, Njungo Kiveit (27), to eight years’ imprisonment.

In her judgment, Mogwera said the fact that CCTV cameras have been installed all over the city was commendable.

If this particular incident had not been captured on CCTV, and reported to the police by the operator, the chances were that Kiveit would have gotten away with his crime.

“What we have in this country is an ongoing fight against serious and violent crimes that are escalating at an alarming rate,” said Mogwera.

She said sexual offences appeared to be one of the leading offences. The statistics — indicating that a woman was raped every 17 seconds in South Africa — painted a very grim picture.

There were “thousands” of cases pending in court.

Kiveit was found guilty of raping a 20-year-old woman in the CBD shortly after leaving the Kismet hotel on the night of June 19-20 last year. He alleged he met the woman at the hotel bar and that she consented to having sex with him.

However, Mogwera said the video footage clearly supported the victim’s version that she did not consent. It was clear from the video that the court viewed that she did what she could to push Kiveit away.

It was her display of unwillingness that in fact had prompted the CCTV operator to contact the police, who had pulled Kiveit off the woman while he was in the act of raping her.

Mogwera said there were moments when the woman appeared too weak or tired to resist. Because she was also drunk she could not muster the strength to vigorously resist, and that was the reason Kiveit had succeeded in subduing her.

The court also rejected Kiveit’s defence that he had not succeeded in penetrating the woman at the stage when police intervened.

When passing sentence, Mogwera said Kiveit’s actions were “deplorable”. She said it was one thing to hear about something taking place and another to watch it unfold in front of you. “People come here to court to testify and at times they break down and cry … It doesn’t have the same effect as when you sit and watch the whole thing take place,” she said. She also agreed with state prosecutor Rene Padayachee that Kiveit showed no remorse for his crime even when viewing the footage in court.

Mogwera took into account in Kiveit’s favour the role that alcohol played in the offence, as well as his personal circumstances, including the fact that he was 28 years old, a first offender and capable of rehabilitation.

Kiveit was represented by legal aid attorney Lauren Marais.

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