Teen rapist's life sentence overturned

By Drum Digital
09 October 2012

A man who raped a 15-year-old girl did not deserve a life sentence because she probably allowed the sex in anticipation of "gifts", the Supreme Court of Appeal has ruled.

According to a Beeld report on Tuesday, judges Lex Mpati, Carole Lewis, Belinda van Heerden, Jeremiah Shongwe, and Nathan Erasmus reduced Edson Ndou's sentence from life imprisonment to 15 years.

In effect, Ndou, from Sibasa in Limpopo, now qualified for parole as he was sentenced eight years ago.

Even though the rape of a child was a very serious crime, the girl had had sex with him on a previous occasion after which he gave her underwear, sandals and money as gifts, the judges wrote.

Furthermore, when he raped her, she did not cry or resist, and had not sustained any "lasting or noticeable psychological or physical scars".

Under these circumstances, a sentence of life imprisonment was disproportionate, the judges decided.

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