A 44-year-old Mpumalanga man has been sentenced to 23 years imprisonment by the Nelspruit Regional Court today for raping an 18 - year-old mentally impaired woman.
The court heard that in September 2013, the victim went missing from her home and returned a day later. Upon her arrival, she managed to report to her family that she was taken by her neighbor who gave her food and locked her into his house where he forcefully raped her.
The matter was reported to the police and the accused was eventually arrested.
In court, the accused did not deny the sexual intercourse however, he claimed that it was consensual. He further alleged that he was not aware of the victim’s disability.
State prosecutor, Thulani Msibi, led evidence of a victim and that of a psychologist which confirmed that the victim was unable to give consent due to her mental disability. DNA evidence also linked the accused to the offence.
In sentencing the accused, Magistrate Vanessa Joubert, found mitigating factors to deviate from the prescribed minimum sentence of life. He then sentenced the accused to 23 years direct imprisonment.
