The Pietermaritzburg High Court has upheld a life sentence handed down to a man convicted of raping his five-year-old cousin on Christmas Day in 2019, rejecting his appeal for a reduced sentence.

The accused argued that his guilty plea, apology to the child’s father, and the absence of visible physical injuries should be considered substantial mitigating factors.He also claimed that pleading guilty spared the young victim from the trauma of testifying in court.However, the High Court found these arguments unconvincing.

The judges noted that the man had initially pleaded not guilty and only later changed his plea during the trial, without providing a clear explanation for doing so.

They further pointed out that his criminal history, which includes convictions for attempted murder, malicious damage to property, and possession of dagga, weakened any claim that he should be treated as a first-time offender.

The court emphasised that South African law prescribes life imprisonment for rape of a child under the age of 16, unless substantial and compelling circumstances justify a lesser sentence.In this case, the judges found no such circumstances.

They described the offender’s apology and guilty plea as hollow and self-serving, particularly given the seriousness of the crime and the breach of trust within a family setting.

Evidence presented during the trial revealed the lasting psychological and physical impact on the child, including nightmares, fear of men, abdominal pain, and bladder complications requiring medical attention.

The assault also had a devastating effect on the family, leading to the breakdown of the parents’ relationship and a complete halt in visits to paternal relatives.

The High Court concluded that the original sentence was appropriate and aligned with the gravity of the offence, affirming that life imprisonment was justified in this matter.