Chatsworth rapist sentenced to seven years in prison and placed on sex-offenders register - IOL

A court has dismissed a Chatsworth man’s challenge to his conviction and sentence for raping a 14-year-old girl.

A Chatsworth man has been sentenced to seven years in prison after being convicted of sexually abusing his 14-year-old step-sister. His application for leave to appeal was dismissed

The teenager's mother, who fought for justice after finding out that her daughter had been sexually abused, said she could finally breathe again.

The 35-year-old man, who cannot be named to protect the identity of the now 16-year-old girl, was sentenced in the Durban Regional Court last Thursday. 

According to the charge sheet, the man unlawfully and intentionally had sexual intercourse with the child on several occasions between March and April 2025 at their home.

After finding out what happened, the mother reported the matter to the police.

The accused, a receiving officer at a private medical practice, subsequently handed himself over to the police and was charged. 

He was, however, granted R3 000 bail and was subsequently convicted in June this year.

In handing down sentence, Magistrate Thobeka Nomvungu said the court had to balance the seriousness of the offence, the interests of society, and the personal circumstances of the accused.

She said the court also considered a probation officer’s report, which included the man's personal circumstances, the views of the complainant and her mother, as well as the impact of the offence on the child.

“The probation officer recommended direct imprisonment, saying this would reflect the seriousness of the offence, promote respect for the law, protect vulnerable children and serve the purposes of punishment.”

Nomvungu said the defence (the man’s legal representative) acknowledged the seriousness of the offence but argued that the matter fell into the category of less serious rape cases, relying on the absence of violence or threats and arguing that the complainant had participated willingly.

“The defence also pointed to the accused’s status as a first-time offender, his employment, family responsibilities and prospects of rehabilitation, and argued for a wholly suspended sentence.”

Nomvungu said the State, however, argued that the accused was an adult who, as the girl’s stepbrother, had a duty to protect her rather than take advantage of her age and vulnerability.

She said that regardless of the child’s participation or apparent consent, the sexual relationship should never have happened.

“The accused, being an adult and in the position of a loving, caring and supportive older brother, should have stopped any suggested sexual advances. Instead, he chose to take advantage of her for his sexual gratification.”

Nomvungu said the court also found that the child’s school attendance and performance had deteriorated after the events and that the accused had betrayed the trust placed in him as a family member.

She added that statutory rape was a form of gender-based violence and that offences against children had to be discouraged.

The man was sentenced to seven years’ direct imprisonment. He was also declared unfit to possess a firearm, declared unfit to work with children, and it was ordered that his particulars be entered on the National Register for Sex Offenders.

Following the sentence, his legal representative, advocate Eben Snyman, instructed by Arvin Singh Attorneys Incorporated, brought an application for leave to appeal against both the conviction and sentence in the Durban High Court.

Snyman argued that the magistrate had erred in finding the child’s evidence reliable, pointing to what he described as contradictions in her testimony regarding the alleged sexual acts and locations.

He also argued that the magistrate had incorrectly found that the child’s evidence was corroborated by her mother and WhatsApp messages presented to the court.

The State, represented by advocate Cheryl Pillay, said it opposed the application.

She argued that the child’s evidence was honest and reliable and that any discrepancies were minor and did not undermine the material evidence before the court.

She also argued that the WhatsApp messages corroborated the child’s account and contained sexually explicit exchanges that referred to previous conduct between the accused and the child.

Pillay submitted that the conviction was properly supported by the evidence and that the sentence was appropriate and justified.

Nomvungu dismissed the application.

Speaking to the POST, the mother said the sentence had brought a sense of relief after months of fear, trauma and uncertainty.

“March 2025 was one of the worst periods of my life as a mother. I never imagined that someone I had treated like my own son would be the person who would hurt my daughter.

“When I found out, I was at work. I was completely devastated. I didn't know what to do or where to turn. I reached out to my family for advice, and we made the decision to open a case.

“He handed himself in and was arrested. He appeared for bail several times, and eventually he was granted bail. That was terrifying for us. As a mother, I lived with the fear of wondering if he would come after my child or if something would happen again,” she said. 

The mother said the ordeal affected her own life to such an extent that she lost her job after being placed on medication for anxiety and sleep problems.

When the trial began in 2026, she said watching her daughter testify was heartbreaking.

“She was shaking and traumatised throughout the trial. He denied what had happened and tried to turn my daughter against me. At one point, my own child hated me.  As her mother, that broke me.”

The mother said she believed, in addition to rape, the man should have faced a sexual grooming charge. 

“Although it was a 'consensual relationship', she was only a child, and he was an adult who took advantage of her vulnerability. I want every young girl out there to understand that grooming can begin with sweet words, attention and promises of love. Someone can make you feel special while actually manipulating and hurting you. That is what happened to my child.” 

She said it took counselling, patience and unconditional love for their relationship to begin healing.

“My daughter is not the brave, carefree girl I once knew. She is still troubled by what happened. The effects of trauma do not simply disappear because a court case is over.

“But for our family, the sentence, although we believe it is too short, has brought a sense of justice and relief. We can finally breathe a little easier. My daughter can also begin to focus on returning to school and rebuilding her life,” she said.