Stepdad’s supernatural excuse falls flat in court
In a desperate attempt to save his skin, a man found guilty of raping his 11-year-old stepdaughter insists he didn’t do it, blaming the sexual assault on a thokolosi.
The Sekhutlane village resident, a 35-year-old who cannot be named to protect his victim’s identity, claims his family is under attack by evil spirits, with the supernatural torment escalating to physical rape.
It was a defence an unimpressed Kanye Magistrates Court dismissed as improbable and unsupported by evidence.
It was heard that during the night of 28 July 2023, the accused unlawfully had carnal knowledge of the minor at their home.
According to the facts before court, the victim was raped while sleeping but was able to positively identify the accused. Her testimony was corroborated by compelling circumstantial evidence.
In convicting the disgraced stepdad, Senior Magistrate, Keneilwe Kgoadi ruled that the state had proved all elements of the case beyond reasonable doubt.
The Magistrate described the child complainant as a credible and consistent witness whose testimony remained unwavering throughout the trial.
The court noted the offender had abused his authority and trust as a stepfather, betraying a child who depended on him for protection and care. The magistrate also found no explanatory circumstances.
The prosecution urged the court to impose a stiff sentence due to the seriousness of the offence and the victim’s age.
In agreement, Magistrate Kgoadi committed the matter to High Court for sentencing, which has the power to hand down a minimum punishment of 30 years imprisonment or, if it sees fit, life behind bars.
