Children’s rights law centre, Centre for Child Law, said it noted with concern the lenient sentence imposed on a convicted child molester who offered to pay the victim’s family R1 000 as “compensation”.
The uncle of the 7-year-old was given a non-custodial sentence as his five-year imprisonment was suspended for three years.
He is not to contravene same charge for three years or else he would be jailed immediately.
The matter was heard in the high court in KwaZulu-Natal.
Director at the Centre for Child Law, Karabo Ozah, said: “The centre accepts that the courts can only make decisions based on the evidence before them, however, the imposition of such a lenient sentence against persons who commit sexual violence against children is extremely concerning and a further violation of children’s rights.
In a country with high rates of sexual violence against children, these sentences do not inspire confidence in the justice system.”
The law centre has called for the matter to be taken on appeal to the Director for Public Prosecutions.
“In 2022, the Centre for Child Law published a research report which noted the challenges by presiding officers who deal with matters where children are victims of sexual offences and highlighted the need to ensure that magistrates are sufficiently trained to ensure that the Sexual Offences Courts are specialised to deliver true justice for children.
“The Centre for Child Law is of the view that the Director for Public Prosecutions should strongly consider taking this matter (and similar matters) on appeal in order to protect the interests and well-being of children,” said Ozah.
The uncle was charged with sexual assault in contravention of the Criminal Law Amendment Act. He had earlier been granted bail of R1 000.
He pleaded not guilty to the charges against him, that he sexually assaulted the girl in 2019 by rubbing his genitalia against the girl’s genitalia and by touching her private parts without her consent.
“The complainant’s father had allowed (him) to stay with them because he had nowhere else to live.
“They all slept in one room, on the same bed. After everyone had left for work (he) was alone with (his niece) who was asleep.
“She was awoken by him rubbing her shoulders. He then rubbed her vagina over her panties.
“He thereafter removed all her clothes including her underwear ... after a while (he) asked the complainant if she was tired, to which she replied that it was painful, and then he stopped.
“He gave the complainant his cellphone to play games and told her ‘not to report what had happened to anyone as her vagina is his’,” the judgment detailed.
The National Prosecuting Authority in KZN was expected to respond to queries in due course.
Cape Times