A 64-year-old pensioner sentenced for sex with minor

By Drum Digital
17 October 2013

A 64-year-old Mpumalanga man who had sex with a 14-year-old girl was sentenced to five years imprisonment.

A 64-year-old Mpumalanga man who had sex with a 14-year-old girl was sentenced to five years imprisonment, suspended for five years, on Thursday. Elliot Elphas Siyenga, from Tonga, was first arrested last year after he was accused of impregnating a 14-year-old girl from his neighbourhood, a Sapa correspondent reported. The Nelspruit Regional Court heard that the family reported the case after the girl fell pregnant and had a miscarriage. When questioned about the father she revealed the accused's identity. A statutory rape case was opened against Siyenga last year but was later withdrawn. The charge was reinstated earlier this yearand Siyenga was summoned to court. He pleaded guilty.

"I was having an affair with the girl since 2010. I plead guilty to the charge. I know it is against the law to have sex with a minor," he said in his confession statement. Magistrate Willie Wilkens said it was the court's duty to protect girls from falling pregnant. "Courts must give sentences on such offences against younger girls not only as a deterrent to the offenders, but to others having the same minds." He said if it had not been for Siyenga plea, he would have received a 10-year jail term.

The magistrate said that since Siyenga was a pensioner, direct imprisonment could make him lose his pension money. "Due to your plea, I am not going to give you direct imprisonment. If I do, you will come out a very old person. Next time walk with caution and stay away from younger girls," Wilkens said. "For the period of five years, I am warning you that you should not be found involved in any similar offences of having sex with a minor." Siyenga was declared unfit to work with children. His name would be placed on the register for sexual offendersand he was warned to report the case to his future employers.

"If you fail to disclose this case to your employers, you will be ordered to pay a fine of R140,000 or serve seven years imprisonment," said Wilkens.

-by Sapa


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