KWAZULU-NATAL - FATHER WHO RAPED AND IMPREGNATED DAUGHTER FACES LIFE BEHIND BARS

A father who raped his daughter and made her pregnant has failed to set aside a life sentence imposed on him for his rape conviction.

The Supreme Court of Appeal on Thursday dismissed the man’s appeal against his sentence‚ finding that the sentence was not disproportionate to the circumstances of the offence‚ the interests of society and his personal circumstances.

In 2004‚ the man‚ who was 40 at the time‚ bought a bottle of wine and went to Stanger beach together with his 16-year-old daughter in order “to cool ourselves off” as it was very hot on that day.

The man then raped his daughter at the beach‚ and later at his home.

As a result‚ the child became pregnant and gave birth to a child‚ whom the man supports.

The man had pleaded guilty in the magistrate’s court and was sentenced to life imprisonment by the high court in 2007. He was granted leave to appeal against sentence by the full bench of the high court in Pietermaritzburg.

In 2009‚ the court dismissed his appeal.

In the Supreme Court of Appeal‚ the man said the high court should have found substantial and compelling circumstances to have existed justifying it to deviate from the prescribed sentence.

He had submitted that a number of factors were not given due weight when he was sentenced. These were that he was 40 years old‚ he was married and father to five children‚ he was a first offender‚ he drank alcohol before the committing the offences and that he pleaded guilty.

“Having regard to the facts of this matter‚ there is no substance to the submission that because the appellant is a first offender and that he pleaded guilty‚ those are factors compelling to the conclusion that there were substantial and compelling circumstances‚” Acting Judge of Appeal Daniel Dlodlo said in his judgment.

Dlodlo said a plea of guilty was not necessarily indicative of remorse.

“His plea of guilty could have been motivated by the realisation that there was overwhelming evidence against him.”

Dlodlo said in view of the seriousness of the offence and the fact that he raped and impregnated his own daughter‚ the mere fact that the man was a first offender did not constitute sufficient basis to deviate from the minimum sentence.

“It would be wrong to lose sight of the fact that the appellant failed to protect the complainant as her father. He turned into a molester himself‚” Dlodlo said.

Dlodlo said a sentence must be tailored to the seriousness of the crime committed and reflect the natural indignation of ordinary citizens.

“An appropriate punishment is one which serves to protect not only female members of the [man’s] family but other similarly vulnerable members of society.”

VIA - sowetanlive.co.za