Labourer admits rape

THE High Court at Keetmanshoop on Wednesday heard closing arguments in a rape trial after a 23-year-old man admitted that he had raped and assaulted a 47-year-old Gochas resident.

The attack happened on a gravel road at Okonjete Farm in the Mariental District on March 15 2005. Andries Swartz initially faced charges of rape, common assault, assault by threat and use of a motor vehicle without the owner’s consent, but the prosecution dropped the other charges when he pleaded guilty to rape and common assault.In his closing argument, defence counsel Winnie Christians asked Judge Kato van Niekerk to sentence Swartz to less than the minimum sentence of 10 years because of mitigating circumstances.He asked for an eight-year sentence with three years suspended for five years.Christians argued that Swartz had not used a dangerous weapon and that his actions were influenced by alcohol.State Prosecutor Ed Marondedze contended that rape is a serious offence and disagreed with the defence that alcohol should be regarded as a mitigating factor.Marondedze requested a sentence above the minimum sentence prescribed by the Combating of Rape Act.During her testimony at the start with the two-day trial on Wednesday, the 47-year-old Gochas resident broke down when she saw the photos of the crime scene.” When I look at the photos, I recall the humiliation I had to go through,” the woman said.She said she was overpowered and raped by Swartz while clutching her baby boy.Her baby was thrown onto the ground and she was raped next to her crying baby.She sustained injuries to her leg and eye.Judge Van Niekerk adjourned the trial to today for sentencing.Andries Swartz initially faced charges of rape, common assault, assault by threat and use of a motor vehicle without the owner’s consent, but the prosecution dropped the other charges when he pleaded guilty to rape and common assault.In his closing argument, defence counsel Winnie Christians asked Judge Kato van Niekerk to sentence Swartz to less than the minimum sentence of 10 years because of mitigating circumstances.He asked for an eight-year sentence with three years suspended for five years.Christians argued that Swartz had not used a dangerous weapon and that his actions were influenced by alcohol.State Prosecutor Ed Marondedze contended that rape is a serious offence and disagreed with the defence that alcohol should be regarded as a mitigating factor.Marondedze requested a sentence above the minimum sentence prescribed by the Combating of Rape Act.During her testimony at the start with the two-day trial on Wednesday, the 47-year-old Gochas resident broke down when she saw the photos of the crime scene.” When I look at the photos, I recall the humiliation I had to go through,” the woman said.She said she was overpowered and raped by Swartz while clutching her baby boy.Her baby was thrown onto the ground and she was raped next to her crying baby.She sustained injuries to her leg and eye.Judge Van Niekerk adjourned the trial to today for sentencing.