The complainant, who was seven years old at the time of the first incident, is the biological younger brother of the accused.
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A PIETERMARITZBURG mother said she felt that she had “failed as a mother” after son, 20, was sentenced to over 20 years imprisonment for the rape of his biological brother son, 7.
The 20-year-old was sentenced in the Pietermaritzburg Regional Court after he pleaded guilty to two counts of rape last week.
The offences occurred in June 2024 and January 2025 at the boys’ home in Edendale.
Natasha Ramkisson-Kara, spokesperson for the National Prosecuting Authority (NPA) in KZN, said during sentencing, the court deviated from the prescribed minimum sentence of life imprisonment after finding the accused’s guilty plea and age to constitute as substantial and compelling circumstances.
“The complainant, who was seven years old at the time of the first incident, is the biological younger brother of the accused. The children resided with their mother, who would leave the complainant in the care of the accused while she was at work. The accused raped the complainant on two occasions and threatened to assault him should he report the incidents.
“The matter came to light after the second incident when the complainant’s mother returned home from work and noticed that he appeared withdrawn and distressed. Upon enquiry, the complainant disclosed that the accused had raped him on two occasions,” Ramkisson-Kara said.
The boy was taken to the Edendale Thuthuzela Care Centre for medical treatment and psycho-social support, and the accused was subsequently arrested.
“In aggravation of sentence, Prosecutor Veraysha Moodley handed in Victim Impact Statements compiled by the complainant and his mother, facilitated by Court Preparation Officer Nokuvela Zulu.
“In his statement, the complainant said that before the incidents, he was happy, enjoyed playing with friends, and had a good relationship with the accused. He stated that he now feels ashamed, prefers to isolate himself, and feels disappointed by what the accused had done to him.
“The complainant’s mother stated that she would never be able to trust the accused again and that his actions left her feeling as though she had failed as a mother.”
The accused was sentenced to 15 years’ imprisonment on each count of rape.
The court ordered that half of the sentence imposed on count two run concurrently with the sentence imposed on count one, resulting in an effective sentence of 22-and-a-half years’ direct imprisonment.
The court further ordered that the accused’s name be entered into the National Register for Sex Offenders as well as the National Child Protection Register.
“The fight against sexual violence remains a priority for the NPA and includes ensuring justice for both female and male victims of sexual offences. The continued expansion of Thuthuzela Care Centres across the country, from 55 centres in 2020/21 to 66 currently, continues to play a critical role in providing comprehensive support services to victims.
“The accused had been entrusted with the care and protection of his younger sibling, but instead abused that position of trust and exploited the complainant’s vulnerability due to his age,” Ramkisson-Kara added.