Rapist attacked his ‘gogo’

2013-05-09 00:00

AN 88-year-old rape victim felt “humiliated” because she had seen her rapist growing up in front of her.

In a victim impact statement handed in at the high court in Pietermaritzburg yesterday, the victim said she had regarded her assailant like her “grandchild”.

“This thing he did to me was uncalled for … I am terrified by him. There are girls of his age who he could have approached, but he came to me.”

She said she lived in fear and “can’t sleep peacefully anymore”, but that she would recover from her experience over time.

Acting Judge Sibusiso Mngomezulu yesterday imposed an effective 15-year jail sentence on 29-year-old Mthokozisi Malishe of Port Shepstone for breaking into the elderly woman’s home on November 25 last year and for robbing and raping her.

The sentence was harsher than the minimum 10 years’ imprisonment that is prescribed by legislation for rape which does not involve the infliction of grievous bodily harm.

Mngomezulu said he could not find any compelling or substantial circumstances in favour of Malishe. Despite his plea of guilty and expression of remorse, it was the court’s view that the aggravating circumstances and gravity of the crimes overshadowed his personal circumstances.

For that reason the judge held that a sentence higher than the prescribed minimum was appropriate. He sentenced Malishe to five years’ imprisonment for housebreaking and robbery and to 15 years imprisonment for the rape, but ordered that the sentences run concurrently.

The rape victim’s biological grandson, who cannot be named to protect the identity of the victim, said the family was satisfied that the sentence imposed on Malishe was fair.

“It is also because the accused didn’t waste time and make [the victim] give evidence in the case,” he said.

Malishe pleaded guilty last week to housebreaking with intent to rob, robbery and to raping the elderly victim. He said he had decided to break into her home on his way back from a tavern. He entered the yard, kicked open the door to the woman’s bedroom, accosted her in bed and threatened to assault her unless she gave him money.

She handed him R180. He became aroused, ordered her to undress, forced her to lie on her back and raped her.

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