A 36-year-old man who raped a woman twice without her consent while knowing he was HIV-positive has been sentenced to two life terms by the Pretoria High Court.
Acting Judge Matlapeng sentenced the man to life imprisonment for rape and another life term for attempted murder, finding that his decision to have unprotected sex during the assault exposed the woman to the risk of a potentially life-threatening infection.
The court also sentenced him to two years’ imprisonment for kidnapping and two years for assault. Both sentences will run concurrently with the life sentence for rape.
The attack happened on the night of 27 December 2024 in Evaton, south of Johannesburg.
According to the judgment, the woman was returning home after attending a party with friends, who dropped her some distance from her house.
She decided to seek accommodation at the home of the accused’s sister, which was closer. When she arrived, the sister declined to accommodate her because she was with her boyfriend.
As the woman continued walking home, the accused appeared, dragged her towards his residence and assaulted her when she resisted.
Once they arrived at his home, he raped her twice without her consent and did not use a condom.
The woman escaped after the accused fell asleep, leaving her underwear behind. She returned the following day with police to retrieve it.
The judgment states that both the accused and the woman knew he was HIV-positive before the attack.
The accused claimed that the woman had consented to sex, but the court rejected his version as false.
In sentencing, Matlapeng said the accused’s decision to have unprotected sex while knowing his HIV status was an aggravating factor because it exposed the woman to the risk of a life-threatening infection.
“The accused was well aware of the fact that he is HIV positive he decided not to use a condom,” the judge said.
The court found that the assault before the rape, coupled with the risk to the woman’s health, made the offence particularly serious.
“The aggravating factors far outweigh mitigating factors. To impose lesser sentence would trivialise the risk of HIV transmission and violence against women,” Matlapeng said.
The judge also stressed that women must be able to refuse sexual intercourse without their decisions being disregarded.
“Men must respect the decision of women, if a woman says no to intercourse she means it, and no is no, they must not mistake a no for a yes,” the judge said.
The attempted-murder conviction was specifically linked to the risk of HIV transmission. The judgment does not establish that the woman contracted HIV.
The defence asked the court to impose a lesser sentence, citing the accused’s personal circumstances. These included his age, his education up to Grade 11, his two children, unemployment and the fact that he had been receiving a government grant of R350 a month.
His lawyer also told the court that he had consumed alcohol before the incident, had lost weight while in custody and was a suitable candidate for rehabilitation.
However, the judge found that these considerations did not amount to substantial and compelling circumstances justifying a departure from the prescribed life sentence for rape.
The court also considered a probation officer’s report, which found that the accused did not accept responsibility for his actions and had shown no genuine remorse.
Matlapeng said serious crimes required courts to give appropriate weight to the interests of victims and the community.
“The only way to stop rape is by imposing heavy sentences on those convicted of this offence,” the judge said.
The accused was accordingly sentenced to life imprisonment for rape, two years for kidnapping, life imprisonment for attempted murder and two years for assault.
The kidnapping and assault sentences will run concurrently with the life sentence for rape.
