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Father Found Guilty Of Raping Daughter

 

The court heard that the accused person, who cannot be named in order to protect the interests of the victim, on October 10, 2015 at Botshabelo location, unlawfully had carnal knowledge of his daughter without her consent.

According to evidence adduced in court, the complainant said her father even went to the extent of threatening to physically harm her should she refuse his sexual demands before he sexually assaulted her.

She told the court that on that fateful day, she was with her younger brother removing laundry from the house.

She said while they were busy removing the laundry from the house, the accused arrived.

The accused then instructed the complainant to fetch a stick, which prompted the complainant to ask the accused why he wanted to beat her with the stick.  

In response, the accused told the complainant that he has long told her to pass by his room before he sleeps but she did not obey that decision.

The court heard that before the accused sexually assaulted his daughter, he sent the complainant’s two young brothers to the shops.

The court heard that the accused dragged the complainant to his room and instructed her to lie on top of the bed and undress herself.

The complainant refused to do what she was told. Meanwhile, the accused put aside the cane he was holding and removed his belt threatening to assault the complainant with it, which cowed the complainant to comply with his demands.

The court heard that the complainant was staying with the accused together with her mother and the  two young brothers in the same yard when the crime was committed.

However, the accused denied ever having sexual intercourse with the complainant.

He said he shared the towel that he is said to have used after having sexual intercourse with his daughter, with his wife.

The accused denied ever threatening to cane his daughter with the stick but only used the stick to discipline his daughter for refusing to clean the laundry.

Magistrate Ngebani told the accused that his defence was an afterthought that was designed to mislead the court.

The magistrate further said the court was satisfied that the prosecution had proved its case against the accused beyond reasonable doubt.

Ngebani ruled that the accused should be remanded in custody pending mitigation and sentence on October 10.