Serving a 20-year sentence for defiling his then 12-year old daughter, a disgraced father convicted in October last year is fighting for his release from prison.
The 46-year-old HIV+ father of five, accused of repeatedly raping his daughter in 2019 when he was eventually caught, has applied for bail pending appeal.
The sexual abuse was brought to light, after the Safety and Health Care official at the young girl’s school noticed a discomfort in her walk.
Upon interrogation, the girl then narrated her ordeals and exposed her father’s criminal acts.
Court further heard that although the girl’s mother was aware of the abuse, she kept mum after the abusive father threatened to kill her should she say a word to anyone.
In passing the 20 years sentence, Magistrate Thebeetsile Mulalo noted that the perpetrator being the biological father of the victim aggravated the matter.
“He is the parent, naturally he is expected to protect the child,” said Mulalo.
“During the proceedings, it was not clear as to whether a condom was used,” said Mulalo, adding that the father-of-five tested positive for HIV.
It turned out that his medical records confirmed that he was enrolled for AntiRetroviral treatment in 2010 and was re-initiated into the programme four months ago.
“The accused person’s HIV status at the time of the commission of the offense and the fact that he knew about it also aggravates the offense” added Mulalo.
The victim testified that on the fateful day, while sleeping, her father came to the house and covered her mouth with his hand. He then switched the radio on, switched off the lights, undressed her and raped her.
The father-of-five has however maintained his innocence and argued that he could never sexually violate his own daughter as her mother is always there to satisfy his sexual needs.
The matter has been scheduled for 13 December for status update.
