Miss-Delectable
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IOL: Man gets 20 years for raping deaf woman
A High Court judge in Pietermaritzburg on Wednesday jailed a 31-year-old man for 20 years for the rape of a deaf, mute and mentally handicapped woman in 2003.
Judge Atkins Moleko found that although the rape fell within the "higher degree" of seriousness it was not one of the most serious for which the minimum prescribed term was life imprisonment.
He said he had considered the aggravating factors, the submissions by counsel, the personal circumstances of the rapist, Bongani Lucky Motaung, and previous judgments of the Supreme Court of Appeals in arriving at an appropriate sentence.
Moleko said he had taken into account that Motaung had taken advantage of the helplessness of the victim to satisfy his lust and that society demanded that people "in the category of the complainant" should be protected by the courts.
The sentence should also act as a deterrent to others who might be intending to "victimise and abuse helpless females".
Moleko said the evidence led at Motaung's regional court trial showed that he had been employed by the victim's late father selling timber and wood.
When her father died the victim's stepmother had taken over her care as she was deaf, mute and mentally handicapped to the extent that she could not help herself. Her stepmother had to help her eat and take care of her hygiene needs.
The evidence showed that the woman was unable to consent to sexual intercourse.
He said the woman's stepmother had trusted Motaung who was a frequent visitor and testified that she regarded him as one of her children.
On the day of the rape she had left him in the house with the victim, eating, while she attended a party at a neighbour's house. She was called back by a friend who reported that she did "not trust the accused (Motaung)".
When the stepmother returned to the house she found Motaung lying on top of the woman in the bathroom, raping her. On being discovered he ran away, but was apprehended with the help of neighbours.
The judge said that Motaung had shown no remorse for his actions.
A High Court judge in Pietermaritzburg on Wednesday jailed a 31-year-old man for 20 years for the rape of a deaf, mute and mentally handicapped woman in 2003.
Judge Atkins Moleko found that although the rape fell within the "higher degree" of seriousness it was not one of the most serious for which the minimum prescribed term was life imprisonment.
He said he had considered the aggravating factors, the submissions by counsel, the personal circumstances of the rapist, Bongani Lucky Motaung, and previous judgments of the Supreme Court of Appeals in arriving at an appropriate sentence.
Moleko said he had taken into account that Motaung had taken advantage of the helplessness of the victim to satisfy his lust and that society demanded that people "in the category of the complainant" should be protected by the courts.
The sentence should also act as a deterrent to others who might be intending to "victimise and abuse helpless females".
Moleko said the evidence led at Motaung's regional court trial showed that he had been employed by the victim's late father selling timber and wood.
When her father died the victim's stepmother had taken over her care as she was deaf, mute and mentally handicapped to the extent that she could not help herself. Her stepmother had to help her eat and take care of her hygiene needs.
The evidence showed that the woman was unable to consent to sexual intercourse.
He said the woman's stepmother had trusted Motaung who was a frequent visitor and testified that she regarded him as one of her children.
On the day of the rape she had left him in the house with the victim, eating, while she attended a party at a neighbour's house. She was called back by a friend who reported that she did "not trust the accused (Motaung)".
When the stepmother returned to the house she found Motaung lying on top of the woman in the bathroom, raping her. On being discovered he ran away, but was apprehended with the help of neighbours.
The judge said that Motaung had shown no remorse for his actions.
