Western Cape High Court Denies Man’s Life Sentence Appeal For Sexually Assaulting Daughter For Seven Years. The Western Cape High Court has denied a man a reduced life sentence for sexually assaulting his daughter and grooming her for seven years.
The Western Cape High Court has denied a man a reduced life sentence for sexually assaulting his daughter and grooming her for seven years. The man was accused of sexually assaulting his daughter numerous times over the time of seven years. He has claimed guilty to two counts of sexual assault and was thus sentenced at the Vredenburg Regional Court in February 2017.
The two counts of sexual assault were reportedly bundled up into one, therefore the man was given a life sentence that was implemented two months after. The daughter used to go to and fro living with both her parents for several years, that’s before she went to live with father when she was a 10-year-old in 2008. Thus when he lived with her he did several acts of sexual assault by making her do oral sexual acts on him for several after.
The first count of the sexual assault was including the time when she was below 16 years of age. The second count of the sexual assault was when she was over 16 years of age. Judge Judith Cloete, the Western Cape High Court Judge, was the one who attended to the man’s appeal. She dealt with the case on the grounds that the judge that was at the trial had made a mistake by not reviewing certain factors. The man’s appeal submission was that the sexual assaults didn’t include violence or intimidation of violence.
It goes on to state that oral sexual assault is not the most severe type of sexual assault, it also states that his person factors are suitable. It was submitted on his part that the sentence was out of proportion because he had the ability of being rehabilitates, he was a first offender for sexual assault based on the papers, he claimed guilty and showed that he was sorry, the person who was sexually assaulted supposedly showed forgiveness towards him, and she supposedly didn’t show any signs of long lasting and harsh effects from the acts.
Judge Judith Cloete says the bases that are looked at have no merit in her perspective. She went on to say that sexual assault is the act of violence that is degrading, she also states that there was nothing in the reports to show that they were not assisted by intimidation or violence at some times. “In any event, violence or threats only constitute types of abuse. Equally insidious and devastating to the victim are intentional grooming and emotional and psychological abuse. Simply because these do not manifest themselves in the for of physical injury does not necessarily mean that they are less severe or reprehensible,” says the Judge. The man’s legal representative has stated that the man has found religion in his imprisonment time.
However, the court has not discovered any other sign that the man has the ability of being rehabilitated. “This is an individual who had no compunction in repeatedly raping his vulnerable daughter over an extended period of seven years, apparently without detection,” says Judge Judith Cloete. The court had access to reports from the social workers and a statement by the child. The reports and statement have shown that the young lady had experienced heartache, confusion, fear and shame throughout the years. The judges, Acting Judge Daniel Thulare and Judge Judith Cloete, have both looked at the findings and denied the man’s appeal.
by Alexandra Ramaite