A 25-year-old man from Matsulu in Mpumalanga has been sentenced to 18 years imprisonment by the Nelspruit Sexual Offences Court for the oral rape of a nine-year-old boy.
The regional spokesperson for the National Prosecuting Authority (NPA) in Mpumalanga, Monica Nyuswa, said the perpetrator's name would be withheld to protect the victim from secondary victimisation.
Nyuswa said on March 17, 2022, the minor boy was on his way to school when he passed the perpetrator's house. The perpetrator lured the victim to his house under the pretense that he wanted to give him a face mask.
“He instructed the victim to take off his clothes when he realised that the victim was a boy. He inserted his penis into the victim’s mouth until he ejaculated. He then instructed the victim to swallow semen, some of the semen fell on the victim's school jersey,” Nyuswa explained.
The victim went home crying and encountered someone who asked him what happened. The minor victim told the person about the rape ordeal.
“The man accompanied the victim home and informed the parents, who reported the matter to the police, and the accused was arrested,” she added.
The perpetrator pleaded not guilty and insisted that he was falsely implicated. In his defence, he told the court that the victim’s family got his semen from a used condom in his dustbin and smeared it on the victim’s school jersey.
Nyuswa said the State prosecutor, Leann Jones, presented compelling evidence from the victim, who testified using intermediary services. The report witnesses testified and corroborated the version of the victim.
“The State further presented DNA evidence found on the victim's school jersey linking the accused to the offence. The court found evidence of state witnesses reliable and rejected the accused’s version,” she added.
In aggravation of sentence, Jones argued for the prescribed minimum sentence of life to be imposed on the accused, emphasising that the accused’s predatory behavior warranted a strong societal message.
However, Magistrate Vanessa Joubert found substantial and compelling circumstances justifying deviation from the ordained sentence and sentenced the accused to 18 years of direct imprisonment.
The court declared the perpetrator unfit to possess a firearm and ordered his name entered into the National Register for Sexual Offenders.
“This sentence reflects the criminal justice system’s firm stance against gender-based violence. Sexual violence violates victims’ constitutional rights to dignity and privacy while undermining societal trust. The NPA remains steadfast in prosecuting such cases to deliver justice and support all victims,” Nyuswa said.