20 years for shock baby rape

A TROUBLED youth reached a new low point in the High Court at Oshakati on Friday, when a young man who admitted that he raped a three-month-old baby in the Tsumeb area in early 2006 was sent to prison for 20 years.

He was 15 years old when his mother died and he and one of his brothers were left to fend for themselves. With no relatives willing to take them in, because they had shown serious behavioural problems by then, they ended up living in a hut in the bush, stealing from nearby homesteads to keep body and soul together.Some two years later, when he was 17 and living with his elderly father and stepmother, he sexually assaulted his stepmother and then violently raped her baby daughter – his three-month-old half sister.Now aged 21, the young man responsible for those crimes heard in the High Court at Oshakati on Friday that he has been sentenced to 20 years’ imprisonment.The circumstances of this case, where such a young child became the victim of rape, leaves one feeling that society has failed this child, Judge Christie Liebenberg said during the sentencing.He condemned the rape of the baby in the strongest terms: ‘To subject a defenceless baby to such barbarism and to inflict so much pain on such a small child fills one with abhorrence and makes one wonder what has become of the moral values of society if criminals like the accused now set their sights on babies to satisfy their sexual lust. Such conduct is unjustifiable and inexcusable in any society and those making themselves guilty of such atrocious crimes must know that their acts will be met with severe punishment.’The young man pleaded guilty to charges of rape, indecent assault, attempted rape, assault with intent to do grievous bodily harm and abduction on July 16.All of these crimes were committed at a village in the Tsumeb district on February 5 2006.The rape was an act of revenge against the young man’s stepmother, a social worker who was asked to prepare a pre-sentence report for the court informed Judge Liebenberg before the sentencing.The man, whose identity cannot be revealed because he was still below the age of 18 at the time of his crimes, was escorting his stepmother home when the events that led to his sentencing took place.The court was told that he first told his stepmother that he wanted to have sex with her. When she refused his suggestion, he launched an attack on her. He indecently assaulted her, tried to rape her, without success, and in the process of attacking her struck her on the arm with an umbrella. Her arm was broken.He then snatched the baby from her and ran into the bush. There he raped and sodomised the baby.According to the social worker the rape was a form of revenge against his stepmother because she had refused to have sex with him. He had planned the attack on his stepmother, she also informed the court.The social worker described the young man as a ‘violent rapist’ and a danger to society. She stated he is not taking responsibility for his actions and tries to shift the blame for his deeds onto others.The social worker added that he showed no remorse for his crimes and was blaming his stepmother for the rape and assault.Although he is mindful that the young man’s background and circumstances may have influenced who he is, Judge Liebenberg said, ‘I believe that the accused himself is responsible for who he has become and what he did to others, no matter what his emotions were at the time’.He cannot escape punishment simply because of his young age when he committed the crimes, the judge said.’It seems worthwhile repeating that young offenders cannot (always) hide behind their youthfulness when they are guilty of committing serious crimes. The message should also be clear to young people that they will not simply be excused by the courts on account of youthfulness and go out scot-free; but, where justice will not otherwise be done, they will be held accountable and punished accordingly for the pain and misery caused to others as a result of serious crimes committed by them,’ Judge Liebenberg stated.Except for sentencing the young man to 20 years’ imprisonment, he also sentenced him to concurrent jail terms of four years each for the attempted rape and abduction and one-year prison terms for the assault and indecent assault.Grace Mugaviri represented the accused on instructions from the Directorate of Legal Aid. Deputy Prosecutor General Dominic Lisulo conducted the prosecution.