A 64-year-old oupa from Manenberg, who was convicted of raping his 12-year-old granddaughter and impregnating her, has been sentenced to eight years in the mang.
Tears flowed on Wednesday as the family of the traumatised teen expressed their disappointment at the sentence after the man, who cannot be named, appeared for the last time at Wynberg Regional Court.
The rapist, who worked as a security guard at a school, was arrested at his home in April last year after the girl’s mother became aware that she was pregnant.
It was revealed that he had made the child sleep in his room away from the rest of the family where he raped her.
During Wednesday’s court proceedings, it was revealed that he had pleaded guilty to the charge of sexual assault but not rape.
The girl had had an abortion and the foetus was taken for DNA testing.
However, the report was not ready by the time the trial commenced and was not included as the elderly man had by then admitted to the rape.
In her judgement, the Magistrate said due to the admissions and the evidence given by four witnesses in the trial, the state and the defence conceded that the second charge be changed to statutory rape and he was found guilty on 13 June.
“But this was not sex between two teenagers. The complainant is also your granddaughter which makes your actions more reprehensible and aggravating,” said the magistrate.
“She fell pregnant and this pregnancy was terminated.
“When she initially refused, that did not stop you. You were in a position of trust.
“The court has seen the Victim Impact Assessment report where she states that you ruined her life and the court would like to add that you stole her innocence.”
She explained that due to the prescribed maximum sentence at a regional court, the oupa was lucky he could not face a life sentence.
She ordered that he serve two years for the sexual assault and eight years for the statutory rape and for both sentences to run concurrently.
Outside court, the girl’s 37-year-old mom said they were very disappointed: “We don’t think justice was served for him to get only eight years.
“We think if the baby’s DNA was out then he would get life. The justice system failed my child.
“We don’t agree with the sentence and the statutory rape charge because she was only 12 at the time and she didn’t know what she was doing.
“He was grooming her the whole time. We must now be satisfied with eight years when my child has a scar for life.”