Justice has been done for an eleven year old girlwho suffered continued rapes at the hands of her stepfather
Today in the matter of State v Mr Lister Makapela, the accused was sentenced at the Khayelitsha Magistrates Court to life imprisonment and 15 years which are to run separately. He was convicted on counts of sexual assault, Contravention of Sec 18(2)(b) of the Sexual Offences Related Matters Act (grooming) and rape.
The accused pleaded not guilty to the charges early last year and was convicted on the 28th January 2014 on all three counts. On the sexual assault and grooming, taken together for purposes of sentence, he was sentenced to 15 years direct imprisonment. On count three, rape, he was given life imprisonment. The court ordered that the sentences be served separately.
The 11 year old girl’s suffering started in Jan 2009 and only stopped in 2013. It started with grooming where he showed her pornography and putting his penis between her legs. In 2010 the child informed the mother that she now has a boyfriend. The mother informed that she could talk to her about sex and she informed the mother that her stepfather had been raping her over a period of time. The mother called Makapela and confronted him about the rapes. He admitted raping the girl.
The mother and the accused asked the child (now 13) what must be done. The child agreed not to lay a charge as long as the accused leaved her alone. The mother warned him to stay away from the child. He promised and stayed away from her for seven months.
Then he raped her again regularly and each time he promised that it would be the last time. This was all happening whilst his 6 year old daughter was sleeping in the same room. The accused enrolled the 11 year old girl into a Cape Town high school.
She started to rebel at the school arriving late for classes and at times bunking classes. The biological parents of the girl were called in by the school to speak to them about her behaviour. The learner then informed a counsellor of what had happened to her. The counsellor ensured that a charge was laid with SAPS. She also attended court regularly to support the child.
Upon the conviction of the accused, State Prosecutor, Ms Glynnis Abrahams asked for life imprisonment to be imposed. She argued that neither the wife nor the accused wanted to admit that there was a sexual issue that needed to be addressed. She also highlighted the possible effect of this incident on the 6 year old daughter of the accused who was sleeping in the same room throughout the whole ordeal of the 11 year old girl.
As the NPA, we welcome this sentence and we hope that it is going to send a clear message that this organisation has committed itself to successfully prosecute anyone, where credible evidence exists, accused of any crime against women and children. Our prosecutors who are trained to prosecute sexual offences crimes like these will continue to vigorously argue for harsher sentences to indicate that these types of crimes are not going to be tolerated and that the victims of crime get the justice they deserve.
Enquiries:
Nathi Mncube, NPA Spokesperson
Cell: 084 814 8364
E-mail: media@npa.gov.za
