The National Prosecuting Authority (NPA) successfully secured the conviction and sentencing of a 66-year-old man to 15 years' direct imprisonment by the Phuthaditjhaba Regional Court for the repeated rape of his younger sister. The horrific abuse began in October 1993, when the victim was only 10 years old. To protect the privacy, dignity, and identity of the victim and her family, the identity of the accused has been withheld.

A childhood shattered by betrayal

During the trial, the court heard that the complainant was 10 years old, her brother – who was 30 years old at the time – began raping her inside their family home. The abuse occurred repeatedly over an extended period, with the accused subjecting her to physical assaults and sexual violence during the night, and occasionally during the day when they were home alone.

The young girl initially attempted to report the abuse to her father. However, due to his severe ill health, he was unable to offer protection and assistance she desperately needed. As a direct result of the prolonged abuse, the complainant fell pregnant at age 16 and subsequently gave birth to a child fathered by the accused. She bravely raised the child born from the abuse on her own.

The long road to justice

Despite rebuilding her life and forging a career as a teacher, the complainant continued to suffer deep emotional and psychological trauma from the childhood abuse. When she later sought psychological counselling, she was advised to report the matter to the police.

In December 2018, she officially opened a criminal case against her brother. However, the case hit a setback when the initial prosecutor handling the matter determined there was insufficient evidence to proceed, leading to the case being closed.

Refusing to accept the outcome, the complainant approached Prosecutor Didimalang Celestial Sebogo to request a full review, as she did not understand why the case had been shut down.

A breakthrough driven by diligent prosecution

Prosecutor Sebogo obtained the case docket and conducted a comprehensive review. Working closely with the investigating officer, Sebogo followed up on outstanding DNA evidence, which ultimately confirmed that the accused was the biological father of the complainant's son. Armed with this undeniable proof, Prosecutor Sebogo successfully re-enrolled the matter for prosecution.

During sentencing, Prosecutor Sebogo argued that the accused had robbed his own sister of her innocence, replacing the role of a protector with years of calculated sexual abuse. Sebogo stressed that the accused showed no remorse and would have remained silent if not for the courage of the complainant. Emphasising that more than 30 years had passed, the prosecutor maintained that accountability was essential and that a custodial sentence was the only appropriate outcome.

The court accepted the State's submissions, finding the accused guilty of repeatedly raping the complainant between 1993 and 1999, and handed down a sentence of 15 years' direct imprisonment.

The NPA's stance on time and accountability

The NPA commended the complainant for her extraordinary courage, resilience, and determination in pursuing justice despite decades of trauma.

Reiterating its commitment to the rule of law, the NPA noted: “The passage of time will not deter the prosecution of serious offences. Where sufficient evidence exists, the NPA will pursue justice regardless of how many years have elapsed since the commission of the crime. Victims are encouraged to come forward, knowing that their cases will be assessed on their merits and that justice can still prevail, even many years after the offences were committed.”