News24

Cape Town man: Sex with girl, 11, consensual

2012-10-17 10:37

Cape Town - The Western Cape High Court heard how a Khayelitsha man abused the trust of five young girls he allegedly raped, it was reported on Wednesday.

The Cape Times reported that Matinisi Damane, 50, admitted on Tuesday to allowing the girls, aged 4 to 11, to watch TV at his home and sometimes bought them sweets.

"These children trusted you and you abused that trust by doing bad things to them," prosecutor Meresa Engelbrecht told the accused.

Damane said he was "sure" of his version of events and had "consensual sex" with one girl, 11, who told him she was 16.

According to the report, Damane was arrested in 2010 when one of the girls told her parents she had been raped, after they reprimanded her for a poor school report.

Comments
  • beverly.young3 - 2012-10-17 10:45

    Oh my, we are really scraping the barrel for new here. I am speechless at what he did however, is there a punishment for him in this life?

      Rabbler.Rouser - 2012-10-17 11:33

      The man is obviously an idiot. He will be convicted under statutory rape charges. So the conseneual sex claim is irrelevant. Ignorane of the law is not a mitigating factor.

      mable.jacobs.90 - 2012-10-17 11:35

      Even if she said she was 16, you are still 50!!!!!

      scouter.fourone - 2012-10-17 12:33

      Consensual sex with an eleven year old? - no, it's called 'Statutory Rape'. Not to mention taking advantage of an innocent minor. SA certainly has it's fair share of deviants... aside from those in government.

  • bloulig.brigadeer.3 - 2012-10-17 10:49

    Sick f%&king society we live in! Just SICK!!! Burn in hell you MF!!!!

  • Jo.Davies123 - 2012-10-17 10:51

    Up until the age of 12 (goodness knows why so young), you are legally unable to consent to sex. I know of no girls of 11 that could pass for 16.

      deon.louw.7505 - 2012-10-17 11:26

      No, I think it is a bit older. 16 and 18?

      klasvaakie - 2012-10-17 11:34

      At sum stage he must have realized he is the adult and even if she were 16 and consenting, it would still be wrong for an adult to take advantage of a child like that.

      Jo.Davies123 - 2012-10-17 11:59

      There are 2 levels of consent. Children under the age of 12 are conclusively presumed by the law to be incapable of consenting, so a sexual act with a child under that age constitutes rape or sexual assault. Then there is a period of 4 years, until a child is 16, where it gets really stupid. Under 16 is considered too young to consent, but as South Afrian's are considered sexually mature and in experimental stage, it is allowed. If someone older than 16 has sex with someone younger than 16, this is rape. The 12 - 16 group is such a grey area, and is typical of a system that puts tradition before common sense...

  • kala.bafazi - 2012-10-17 10:53

    I have got to take my hat off to the judges in our courts. If I was in her position I don't think I would be able to prevent myself from kicking the cr@p out of these scum right there in the court room.

  • mahlorislash - 2012-10-17 11:07

    Cut it off

      collen.maepa.9 - 2012-10-17 11:36

      That man have comitt a big offence,actually i think he should rot in jail for at least 20 yrs.that man should be learned a lesson .lol what a silly person!

  • kombisa.mbakaza - 2012-10-17 11:36

    My reading of the article tells me that his version is not reasonable possible true by any slights degree of doubt. At least he makes some admissions making it easier for the State to deal with less points of disputes. Sexual intercourse is now a point of common cause the only thing to determine is consent

      chez.kri - 2012-10-17 11:52

      No Kombisa. The word is not "consent". It's "grooming". In other words, preparing a child for what is to come. Teaching her that it is ok for him to do these things and to find a way to have her not tell anyone. She will/may consent because at a very young age she doesn't understand what is happening. Grooming is illegal and in itself, punishable by law, even if the man doesn't get to do anything. Just the grooming part can get him in jail.

  • collen.maepa.9 - 2012-10-17 11:45

    That man is a stupid idiot,i think he should rot in jail perhaps he wil learn smthing,if i was a judge i would sentence that man for 50yrs.what a stupit!!

  • Billy - 2012-10-17 11:59

    why does it not say Khayelitsha man?

      hcrouse - 2013-02-26 09:00

      Because you're not allowed to hint that he's black. We pretend it's not a factor, so we don't have to deal with it.

  • sisie.indola - 2012-10-17 12:01

    At 11 years old - what did she have a body of a women then? And you couldn't tell the difference? What a sorry excuse.

  • elizabeth.ntongana - 2012-10-17 13:40

    Let that rubbish rot in jail ,this society is sick of rapist who always justify themselves.Can;t the idiot see a difference between an 11yr and 16yrs @his age

  • tony.naidoo - 2012-10-17 14:36

    Wopa Gang-bang style! Coming to a jail near you, sicko!

  • jacqui.daanevanrensburg - 2012-10-17 14:46

    Consensual sex with an eleven year old?. Bloody savage.

  • godfried.kruger.9 - 2013-02-26 05:47

    Why did it take from 2010 until now to bring him to justice!

      hcrouse - 2013-02-26 09:01

      She finally got a bad report and needed to deflect attention?

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