NPA: Rape minors face full prosecution

2012-04-25 14:55

Johannesburg - Three of the four minors accused of gang-rape will face full prosecution in the Roodepoort Magistrate's Court, the National Prosecuting Authority said on Wednesday.

"All the accused persons, including the three minors, will appear in court together - they will not be diverted," spokesperson Mthunzi Mhaga said at court.

"In respect of the fourth minor, the 13-year-old, we still have to determine his criminal capacity. Remember, between the ages of 7 and 14 they are presumed to be criminally incapable."

Seven people, including the four minors, were arrested in Dobsonville, Soweto, on April 17, after they were matched to the descriptions of the rapists seen in a cellphone video recording of a gang-rape.

The video of the 17-year-old mentally impaired girl being raped went "viral" on the internet on April 18, and was one of the main topics trending on social networking site Twitter.

"This is a very serious offence," said Mhaga.


Mhaga said the four minors were applying for bail on Wednesday.

A preliminary inquiry into how to deal with four minors got underway in the morning.

"Prosecutors will decide whether they will be subjected to full prosecution or a diversion programme. Then we'll deal with bail application," Mhaga said in court.

"The preliminary inquiry is done in terms of the Child Justice Act."

Mhaga said investigations confirmed that one of the seven is 13-years-old, three of them are 17, one 18, and two 19.

A group of protesters gathered outside the court on Wednesday in support of the girl and her family. The girl's older sister was in court.

Mhaga said there were preliminary charges based on NPA prosecutors having seen the video.

"They will be facing several counts of rape, sexual assault, engaging sexual services of a minor for a reward, using a minor to create child pornography, committing a sexual act in the presence of a minor and committing a sexual act in the presence of an adult," he said.

"They will also be facing charges that relate to the contravention of the Films and Publications Act, which is creating, possession [of] and distributing child porn."

The courtroom was packed ahead of the bail hearing, but was cleared when proceedings started.

  • Sharon - 2012-04-25 15:00

    He might be "criminaly incapable" but the little thug certainly is "physically capable"! This makes me sooo mad - he was not too young to know where it is supposed to go. Cut the damn thing off and feed it to the rats. He obviously has no good use for it.

      Gestoffle - 2012-04-25 15:05

      I think the victim should be allowed to attach 1000 volts of electricity cable to it (his man ugly) and then be allowed to use an on/off switch at her peril....for 5-10 years. Every time she feels hurt, on it goes.....

      clinton.badenhorst - 2012-04-25 15:11

      They learn these things from their elders...

      Squeegee - 2012-04-25 15:22

      Throw the book at them.

  • Marion - 2012-04-25 15:00

    'presumed to be criminally incapable' - at age 17? My sixteen year old understands fully what crime is. What murder is. What rape is. If he does something like this he will be criminally capable in my eyes even if not in terms of the law. If a twelve year old can have an abortion without parental approval and a sixteen year old can say yes to sex there is no reason why they should not be held responsible for their actions after age 16 in my opinion.

      Antipoaching - 2012-04-25 15:05

      @ Marion, "Remember, between the ages of 7 and 14 they are presumed to be criminally incapable."..... I firmly believe the 13 year old had criminal capacity and should stand trial as an adult. Kids want all the privileges, rights and protection of freedom/democracy without accepting the responsibilities that go hand in hand with that freedom/democracy!

      bluzulu - 2012-04-25 15:16

      Good day Marion, Agreed regarding the other minors however the 13 year old was probably forced into this by the older ones. Just looking at the group dynamics in this case. The 13 year old should be penalized in a manner without imprisonment.

      Marion - 2012-04-25 15:17

      @Antipoaching - one of the biggest problems in SA is that kids have all these rights now. As far as the 13 year-old goes, there is the possibility that he was under the influence of the older boys/men, particularly as we don't know whether any of them were related, so I will reserve comments about him. But the older boys and 'men' must be tried as adults, sentenced as adults, and face pappa.

      Marion - 2012-04-25 15:31

      Hi bluzulu - think we posted at the same time.

      carpejugulim - 2012-04-26 06:30

      Marion ... most kids are so keen on excersising their rights that they forget that other people have rights too ... until it is pointed out to them. With rights come responsibility and accountability, both of which are conveniently forgotten.

  • Squeegee - 2012-04-25 15:00

    Throw the book at them!

  • Martin - 2012-04-25 15:02

    holiday in suncity boys, good luck, try get soap on a rope, oh wait, thats probably forbidden, good luck seeing xmas alive rapists

  • Christian J Denyschen - 2012-04-25 15:05

    good news how about going after the parents of the minors good parenting with good values and morals could have avoided this.

  • Bibi - 2012-04-25 15:12

    Criminally incapable - what does that mean. At age 13 you are mentally able to tell the difference between right/wrong, good/evil. Which psychologist sold this gobbledygook to the government. It is bizarre that a teenager of 13 who helped destroy a mentally incapable girl's life will not be held responsible. This is exactly the time where the law should put its foot down and make an example of this person. A 13-year old criminal is not better or worse than a 20 year old criminal. Remember the Jamie Bulgar case in the UK? let's not make the same mistake.

      Peter - 2012-04-25 15:47

      Bibi ... the problem we have always faced is where to draw that line. When can it be said a kid does not know, or knows, but cannot control it's actions accordingly? 5? Then why not six? If 6, then hy not seven --- and on and on and on. This only a presumption remember? The state can prove the contrary to be true. Below 7, this is no longer a presumtioncapable of being disproven.

      Bibi - 2012-04-25 16:16

      @Peter: I know what you are saying, but there is a vast difference between a 13 year old boy that shoplifts and when he rapes a girl. My own son just turned 14 and for all intents and purposes, is a young man. Ok, I know I cannot compare, but 13 (definitely not 5, 6 or even 10) year olds, can distinguish between right and wrong. This child cannot just get a slap on the wrist and then sent home. It is just wrong that girls should be afraid of 13 year olds.

  • - 2012-04-25 15:13

    they must face full prosecution, period. it is evident that they were conscious of their acts and went as far as recording and distributing the event, which means that they are proud of what they did. it would be reasonable and in the interest of the public to prosecute them. society can do without these monsters!

  • ryan.kruger1 - 2012-04-25 15:15

    When they go to jail, they might experience deja vu from a different perspective....

  • Christopher - 2012-04-25 15:20

    Hang all four of them and be done with it. Good case for hanging their parents too.

  • Natascha - 2012-04-25 15:31

    realisitcally guys, this will take forever, files will be lost, case will be postponed a hundred times and these sick f***s will be smiling all the way to the bank (oh and they probably will try break out of jail too). I feel for the girl and man alive here's hoping mob justice sets in if they get bail. they dont deserve to breathe let alone walk the streets and as for the 13 year old minor, he is old enough to know the difference between right and wrong and could have walked away and reported it but he probably wanted to be a 'man'. Read this you stupid jerk off - REAL MEAN DONT RAPE you aids infested cockroach

  • Cassandra Olivier - 2012-04-25 15:40

    They old enough to know between right and wrong. Why isn't the mother been prosecuted for neglect she knew what was going on and did nothing

      Peter - 2012-04-25 15:48

      Plese explain Casandra? Which mother? And how could she have known? Was she present? Perhaps I missed that part of the story?

  • Colin - 2012-04-25 15:45

    i dont want to pay for these pigs to live in prison. "one rapist one bullet"

  • damonsb - 2012-04-25 15:49

    I don`t know what to say ...their still young,what will now happen to them from this time forward.Will they have regrets,or will they turn out enemies of state. I hope they have a long good look at themselves and count the cost

  • Shirley Van Heerden - 2012-04-25 15:59

    18 and 19 is legal adults!!! not minors.

      Marion - 2012-04-25 16:03

      They've got the vote at 18. Can drive a car at 18. Can enter into a contract at 18. Can commit murder at 18. Can go to jail, move directly to jail, at 18.

      Shubi Mmapholo Modise - 2012-04-27 16:57

      Shubi Mmapholo Modise - 2012-04-27 16:57


  • Christine - 2012-04-25 16:13

    These people should rather just kill themselfs now! Why even bother waisting our tax money on a court case? They should just die and rot in hell!

  • hulisani.nemaxwi - 2012-04-25 16:14

    If one has to refer to people living with HIV & AIDS as AIDS people that will be outrageuos, and very rude, arrogant, you name it. Now can we start respecting people living with disability by stoping to refer to them as disabled people. Lets rather recognise the people first before categorising them by what they cannot do. The raped victim is living with mental disability, she is not a mentally retarded girl.

  • Andre - 2012-04-25 16:14

    There is a big difference between a minor raping a female and one stealing. If he are old enough to rape, he is old enough to stand trail, unless he he is mentally retarded!

  • blink1028 - 2012-04-25 16:22

    I realy wan't to see the triumph of the NPA in this case.

  • mlando.mngomezulu - 2012-04-25 16:29

    I think the biggest rot here, lies with the community. The victim in this case was already dupped "Jackpot" in the community. It looks like she was preyed upon, by any vulture in community to an extent that the youngsters took it as second nature to also rape her. To me this is more of an indictment against the community. Now their sons are paying for allowing this rot to go further. This was a matter of the civic organisations, NGOs and social workers, since it clear that the mother needed help.

  • Stanley - 2012-04-25 16:49

    I hope ''full prosecution'' means ''rot in jail for a very long time''!!!

  • Melanie - 2012-04-25 17:12

    Last week i was in france and had debates where ppl commenting that safrica will never get away with aids! Safrica is a country without moral values where 90 percent of anything having a penis rapes...safrica is a brewing country of aids, crime and rape. Shame for this beautiful country, shame

  • Bless Boswell - 2012-04-25 18:49

    That we have young boys like this doing the things that they do is a shameful indictment on their parents and on society as a whole. How does one punish them heavily when their role models are the ones that should actually be punished for failing their sons and daughters. We have a huge, tragic and difficult problem - not made any easier by the shenanigans of our president who should be a role model for our youth.

  • jd.abader - 2012-04-25 21:31

    If he's big enough to commit the crime, then he's big enough to get jailed, simple!

  • Dean - 2012-04-26 04:22

    from toronto. castrate the whole lot of them - including the 13 year old

  • beanaroo - 2012-05-03 15:57

    "Rape minors face full prosecution".... A Week later "Accused not charged with rape"

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