Gender-based violence is a critical issue in this country, with many cases going unreported and survivors facing significant challenges in accessing justice and support services, an acting judge remarked in confirming a man’s life imprisonment sentence after he violently beat and raped the mother of his two children.
The man, who was not named in the judgment delivered by the Gauteng High Court, Pretoria, to protect the identity of his victim, turned to court to appeal both his convictions and his sentence.
While several witnesses testified against him, the accused told the court that he did not lay a finger on the woman and that everyone was lying.
The complainant had already obtained a protection order against the appellant, which he blatantly ignored, demonstrating his contempt for court orders, Acting Judge L Coetzee said. The judge added that the appellant showed no remorse during the court proceedings, indicating that he does not deserve any leniency.
“This case is a tragic example of gender-based violence, reflecting the harsh realities many women face in this country,” Judge Coetzee remarked.
The appellant is the ex-boyfriend of the complainant and the father of her two children. A final protection order was issued against him prior to this incident, because of previous acts of violence against her.
The complainant testified that on the day of the incident, her daughters had gone to visit their grandmother, leaving her alone at home. That night, while taking out the trash, she noticed the appellant standing behind her in her yard.
He grabbed and dragged her into the street, brandishing a large knife with a fixed blade. He assaulted her with his fists and headbutted her repeatedly. He then stabbed her on the back of her left hand, the middle finger of her right hand, and her forehead above her eye.
The appellant pulled her across the road into an open field while it was raining. Despite her screams, there were no people nearby. In the field, the appellant continued assaulting her as she fought for the knife, which caused cuts on both her hands.
He ordered her to undress while still beating her and he strangled and threatened to kill her, causing her to cry, before he raped her. Afterwards, he took mud and shoved it into her private parts, while he also tried to insert the knife into her private parts.
Despite her screams, no one responded. When the appellant noticed people in the distance, he forced her to accompany him to his house, but she managed to run away while he was searching for his house key.
At a nearby house she found two young men inside and begged them for help. The appellant followed, shouting that “this dog is supposed to be killed”, but the men intervened and called an ambulance as she was bleeding.
The court was told that even on the way to the ambulance, the man still followed her and shouted that he would kill her.
The appellant meanwhile acknowledged the existence of a protection order, but he said she called him to come to her home and they had consensual sex.
He testified that during the night, he overheard her talking on the phone with another man and discussing plans to meet him in the morning, which made him angry. According to him, he pushed her by mistake which caused her injuries.
In rejecting his version, the court said the victim’s evidence, although traumatic and graphic, remains consistent throughout her recounting of the events, lending significant credibility to her account.
The judge said the man deserves no leniency and he should face his life imprisonment.
In quoting a judge in as similar matter, the judge said: “For far too long rape has been used as a tool to relegate the women of this country to second-class citizens, over whom men can exercise their power and control, and in so doing, strip them of their rights to equality, human dignity and bodily integrity.”
The judge added that the high incidence of sexual violence suggests that male control over women and notions of sexual entitlement feature strongly in the social construction of masculinity in South Africa. “Some men view sexual violence as a method of reasserting masculinity and controlling women.”
Judge Coetzee said this life sentence is intended to send a clear and unequivocal message that such heinous crimes will not be tolerated.
“The punishment reflects society’s condemnation of such acts and reinforces the importance of protecting victims.”
Pretoria News