NEWS
Court reviews 'non-virgin' child-rape case, IOL, May 28 2002

By Zelda Venter

The Pretoria High Court is set to deliver judgment on whether the directorate of public prosecutions can appeal against the suspended sentence of a man who raped a five-year-old child.
The case made headlines last year when a lawyer questioned the girl's morals when it appeared that she had not been a virgin at the time of the rape.
Judge Johan Els of the Pretoria High Court at the time commented on the lenient sentence, and in no uncertain terms voiced his shock at the child's morals having been questioned.
The 17-year-old accused was sentenced to five years' imprisonment, which was wholly suspended at the time by a Pretoria regional court magistrate. The condition was that he had to undergo therapy.
The accused had pleaded not guilty to raping the child but said in a statement: "I admit that on September 14, 2000 at Soshanguve I unlawfully had sexual intercourse with the five-year-old - I also admit that she could not give consent - I admit my conduct was in total disregard of the child's rights."
The child's mother testified how the child told her that the man had intercourse with her. The child, the mother said, was four years and 10 months old at the time of the assault. A doctor confirmed the rape.
The state told Judge Fanie Mynhardt, the regional court magistrate, in a written legal argument submitted to him, that the suspended sentence was shockingly lenient.
State advocate Neeltjie Marriott argued that the High Court should hear the case and that the law on minimum sentences (life behind bars) could be applicable.
She asked the court for leave to appeal against the sentence before a full Bench of the Pretoria High Court.

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