South Africa: Eastern Cape High Court, Grahamstown

IN THE HIGH COURT OF SOUTH AFRICA

EASTERN CAPE DIVISION, GRAHAMSTOWN

CASE NO.: CC22/2018                          DATE: 7 DECEMBER 2018

In the matter of:

THE STATE versus:

SYDNEY HORNER                               ACCUSED

SENTENCE

MAKAULA J:

I convicted the accused of rape of a 12 year old, S N, she was born on the 28^th of April 2009.  The complainant was raped in the evening in an orchard, she was with the accused. The accused came to her at the Corner Café as a guardian angel who wanted to protect her from thugs who would apparently hurt her because that area was very dangerous. Little did the complainant know that the same person she put her trust on was a predator who lured her to a secluded spot in an orchard.  He caused her to perform fellatio on him and repeatedly penetrated her anally, vaginally as well as her mouth. 

The complainant sustained serious anal and vaginal injuries.  I extensively dealt with the injuries in my judgment on the merits.  Dr Qolohle described the injuries as very serious.  He opined that the complainant was certainly under tremendous pain during the ordeal.  He testified that she was a virgin at the time of the rape. 

Rape on its own is abominable.  It is wore when perpetrated against a child.  The accused took advantage of the vulnerability of the complainant when he found her next to the Corner Café in the evening.   It is imaginable what went through the complainant’s mind when she found herself in the middle of an orchard at night with a stranger who was three times her age.  She found herself in a helpless situation when the accused called upon her to lick his penis.  She had no sexual experience.  In her victim impact assessment report, Mrs Nomonde Stamper notes that the complainant was adversely affected by the experience she had with the accused.  She echoed what the complainant’s mother testified to that she dropped dramatically in her studies.  She is now withdrawn, unlike before.  Her behaviour has changed for the worst.  She concluded that the rape incident affected the complainant psychologically and emotionally. She concluded as follows in her report:

“The minor child seems to be affected by the rape ordeal.  The minor child is in a stage of formal operations where the personality is being shaped, her personality formulation is damaged by the trauma.  Her ego state is repressed by the ordeal, she seemed to have feelings of shame, self doubt and reduced self-esteem.  The minor child seems to have little motivational drive to attempt activities that could provide success experiences and contribute to the normal development.  Her emotional development is restricted by the negative experience of her rape ordeal.”

The actions of the accused are frowned upon by society. Rape of young children is on the increase.  The accused subjected a young child to such tremendous pressure at the time of the incident.  He introduced the complainant for the first time to such explicit sexual experience at a time when she knew nothing about sex.  For the accused to order the complainant to perform fellatio on him when she knew nothing about sex is barbaric and cruel. 

The accused is a first offender at the age of 37 years.  He is unmarried and has no children.  I assume that he boosts a good health because nothing has been said about it.  He was employed at the time as a general labourer.  It is obvious that he had partaken of liquor because the complainant testified that she smelt liquor when the accused forced her to kiss him. But it is clear that the accused knew what he was doing.  He lied about the level of his intoxication though.  He testified that he was too drunk.  He was sobered up after he ejaculated.  The accused did not show contrition or remorse.  He denied having sexual intercourse with the complainant.  He merely mentioned that he attempted to penetrate her using a finger.  By his denial he has subjected the complainant to re-live the traumatic incident of the day.  That was borne out by the complainant getting emotional during her testimony.  Justifiably so because her experience at the hands of the accused was traumatic.

The future of the complainant is adversely affected because of the actions of the accused.  The accused showed no mercy on the complainant. He penetrated her mouth, her anus and her vagina.  Running the risk of repeating myself, he caused a young girl of 12 years who was a virgin to sleep with him in different sexual positions.  He caused her to lie on her back, he caused her to lie on her stomach and penetrated her from behind he even caused the complainant to go on top of him while he was lying on his back to perform sexual intercourse with her.  He repeatedly had sexual intercourse with her during the course of that evening. 

I therefore find no substantial and compelling circumstances in this instance.  I sentence the accused to undergo life imprisonment.

MAKAULA J

JUDGE OF THE HIGH COURT