A man with a previous conviction for attempted rape has been found guilty of raping his 13-year-old niece a year after he was released on parole.
The identity of the 48-year-old Newfields man is being withheld to protect his niece.
The man was sentenced in the Wynberg Regional Court to four life terms. Magistrate Kalay Pillay did not order that the sentences run concurrently.
Pillay found that there were no exceptional circumstances to justify a deviation from the prescribed minimum sentence of life in prison for the rape of a minor.
The man, a security guard, warned the girl to keep quiet about the rapes by reminding her that he had an axe where he worked.
Although there may have been more assaults, prosecutor Renee Uys charged the man with four counts of rape – two in 2009 and two in 2011.
The man was first convicted in 2002 of trying to rape a minor in Atlantis, and was jailed for six years. He was paroled on December 4, 2006, and about a year after his parole period ended, he raped his niece.
In 2009, the man lived in the same house as the girl and her family. She told her mother her uncle was touching her inappropriately and he was asked to leave.
In 2011, the man returned when he was asked to take care of his ailing father, the girl’s grandfather.
The girl was then raped the day before and a day after her 15th birthday. Soon afterwards, her mother noticed she was not menstruating.
The girl was taken to GF Jooste Hospital, and, after an internal examination told the nurse she was repeatedly raped by her uncle. He was arrested on the same day and his subsequent bail application failed. He has been in custody since then.
The girl still did not menstruate for four months. She went to another doctor who confirmed she was four months pregnant. DNA tests confirmed that her uncle was the father of her child but, based on a technicality, this was not admitted as evidence.
The girl had an abortion.
Uys said the girl suffered severe emotional and physical trauma.
She said it was an aggravating circumstance that the man “blatantly” denied he had raped the girl, and said the family were lying because they wanted him out of the house.
The man intends to appeal against his conviction and sentence.