A Du Noon man was handed a life sentence for raping a distant relative who was seven-years-old and infecting her with HIV, the National Prosecuting Authority (NPA) in the Western Cape said.
The NPA said the man, who cannot be named to protect the identity of the victim, was sentenced in the Cape Town Regional Court on Wednesday.
NPA provincial spokesperson Eric Ntabazalila said in addition to rape, the 42-year-old man was also convicted on attempted murder after infecting the girl with HIV.
He received 10 years on the attempted murder charge.
Ntabazalila said during the trial the sexual offences prosecutor, Ruwayda Badrudeen, told the court the accused raped the then seven-year-old victim while she was lying on the couch watching television.
“She did not tell anyone about what happened, as she saw him as her uncle. A few weeks later, she was taken to a local clinic as she was not feeling well,” Ntabazalila said.
“Medical examination discovered that she had sexually transmitted diseases (STD), with HIV tests coming back negative,” he said.
“She did not reveal what had happened and the doctor requested that she be brought back a few weeks later, for further tests. The second HIV test came back positive.”
Ntabazalila said it was through the work of the investigating officer who went to the school where she revealed that the accused had raped her.
The man was arrested on September 7, 2016.
“There was no DNA as the incident was reported after the 72-hour window period and therefore no exhibits could be obtained,” Ntabazalila said.
“The accused’s initial version, to his attorney, was that he was gay and therefore could not have raped the child. He subsequently indicated that if the State could prove that the HIV strain which the child contracted was the same as he had, he would plead guilty.”
The tests came back positive.
“The accused brought a bail application and was released on house arrest and went to live with his brother,” Ntabazalila said.
“He then allegedly raped his brother’s nine-year-old daughter and will appear at Cape Town Regional Court on November 6, for this case.”
In a victim impact statement, the girl who is now 14-years-old said she struggles to come to terms with what happened and always cries at night.
“He did not only rape me, but he also infected me with HIV, and I must drink tablets every night. My life will not be the same again and I will not forget what happened.”
Western Cape Director of Public Prosecutions, Adv Nicolette Bell, expressed dismay at the rate of heinous crimes committed by adults against children.
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