Gender Commission appalled at the reduction of life sentence to 20 years imprisonment
The Commission for Gender Equality (CGE) is appalled by the judgement handed down by Acting Judge H R Fourie and Judge V Tlhapi on the reduction of a life sentence that was handed to a Lydenburg man to 20 years. The court indicated that the gravity of the crime did not warrant the sentence meted. The court held that this kind of rape did not constitute physical harm, yet on the same token appreciated the harm it has caused the girl who had to perform sexual acts on this man. The Gender Commission rejects the notion of mental instability of the accused. The accused was able to distinguish between right and wrong and was full aware of his devious actions.
The definition of rape clearly stipulates that rape also constitutes oral sex. “Rape is Rape”. The life sentence initially handed down should have been sustained. In a country, where in 2016 there were 51 895 reported cases of Sexual Offences, this reasoning is not supportive of curbing gender based violence. The Gender Commission is also questioning whether the justice system and those involved in prosecuting understand the severity of gender based violence and their willingness to assist institutions such as this Commission and other like-minded institutions to curb GBV.
Inevitably the actions of the two Judges will scare off any survivors or witnesses of rape, be it penetrative or oral. The Gender Commission appeal to the National Prosecution Authority (NPA) to either review the judgement or appeal the reduction of the sentence. The victim deserves justice.
Contact Person:
Javu Baloyi
Tel: 011 403 7182
Cell: 083 579 3306
