The Malamulele Magistrates Court in Limpopo handed a 38-year-old man a life sentence for raping a 19-year-old mentally challenged teenager in 2017. The man who was at the victim's home drinking alcohol with her uncle, saw her going to the pit toilet behind the house and followed her.
NO SHAME
National Prosecution Authority spokesperson in Limpopo, Mashudu Malabi-Dzhangi, said the court heard that on 1 July 2017, in Mudavula village, the accused forcefully undressed her in the toilet and raped her. "After the ordeal, he left the victim and continued drinking with her uncle. The victim came out of the toilet crying and reported the matter to her aunt." Malabi-Dzhangi said the family immediately reported the matter to the police and the accused was arrested the same day.
RAPE STATS OF THE MENTALLY ILL ARE HIGH
State advocate Norman Makhubele said he relied on DNA evidence to link the accused man and the victim impact statement from Giyani Court preparation officer, Carol Tshikhudo helped a great deal. In aggravation of the sentence, Makhubele submitted that the crime statistics of rape and sexual violation of women and mentally-challenged persons in South Africa are very high. "He also relied on clinical psychologist, Lungile Malatji for evidence to prove that the victim has a severe mental disability. The fact that this person has a severe mental disability was one of the huge aggravating factors that the State relied on. Makhubele further said that in 2011, the victim was raped and conceived a child when she was only 13; however, she could not tell who the perpetrator was. She is a vulnerable victim, who cannot identify the father of her child, she can't even bathe or carry out any household duties. Her aunt is taking care of her." The prosecution, therefore, urged the court not to deviate from the prescribed minimum sentence. The identity of the rapist is withheld to protect the victim as she falls under a vulnerable group.