An HIV positive pensioner in Limpopo was sentenced to 50 years behind bars by Lenyenye Regional Court for raping a 15 year-old on two separate occasions and bribed her with R20 not to disclose his caper.
The shocking titbits were revealed by Limpopo NPA Spokesperson Mashudu Malabi on Tuesday 30 June.
Malabi said the pensioner was convicted on two counts of rape and sentenced to 25 years’ direct imprisonment on each count, resulting in an effective sentence of 50 years’ direct imprisonment.
She said court heard that in November 2020, the pensioner lured the child to his home in Maake under the pretext of assisting him with fetching water and cleaning his house. One the first occasion, after the child had placed water containers inside the house, the pensioner locked the door, ordered her to undress, and raped her. He thereafter gave her a R20 note and warned her not to disclose the incident to anyone.
Malabi said the second rape incident occurred on 01 April 2021. She said on 2 April, the following day, the child was seen at school with a R50 note.
When her schoolmates informed her mother, the child disclosed both incidents of rape. In mitigation of sentence, the pensioner informed the court that he was HIV-positive, having tested positive in 1999, and pleaded for leniency.
In aggravation of sentence, the State Prosecutor Pearl Ledwaba argued that the accused had abused his trust from the victim and exploited her vulnerability for his own sexual gratification.
Ledwaba further submitted that the crimes were premeditated and caused severe psychological harm to the victim.
She further said that the accused committed the offences while fully aware of his HIV-positive status.
The court found that no substantial and compelling circumstances existed to justify a deviation from the prescribed minimum sentence as provided for in the Criminal Law Amendment Act 105 of 1997.
The Director of Public Prosecutions in Limpopo, Advocate Ivy Thenga, commended Ledwaba and the investigating officer, Sergeant Rakgoale of the Family Violence, Child Protection and Sexual Offences (FCS) Unit in Tzaneen, for their dedication and professionalism in securing the conviction and sentence.
The NPA further commends the child for her courage in disclosing the offences.
Malabi said the sentence reflects the seriousness of the crimes committed and sends a strong message that sexual offences against children will be met with the full force of the law.
