City man sentenced to 21 years for raping woman in front of her 84-year-old mother

An accused Daniel Xebisile has been sentenced to 21 years direct imprisonment in the Kimberley magistrates court, sitting in the Sexual Offences court, after being convicted for raping a 57-year-old woman in the presence of her 84-year-old mother. 

The accused was charged and found guilty of rape, housebreaking with intent to steal and theft, following the incident that took place in Riviera, Kimberley.

National Prosecuting Authority (NPA) Northern Cape spokesperson Mojalefa Senokoatsane said Xebisile and an accomplice broke into the home of two elderly women.

“During the break-in, Xebisile raped a 57-year-old woman in the presence of her 84-year-old mother. The accused were later traced and arrested through meticulous investigative work by the South African Police Service. The case against Xebisile’s co-accused has been separated and will proceed before a different magistrate.” 

He stated that the court noted the particular cruelty of the crime, committed in front of the complainant’s elderly mother.

“He recognised both women as being vulnerable due to their age and living circumstances. During sentencing, the prosecution called for a sentence that would reflect the gravity of the crime and send a strong message that the justice system will not tolerate violations of vulnerable members of society. The court imposed a hefty sentence that exceeded the minimum prescribed sentence of 15 years for rape, because of several aggravating factors." 

Senokoatsane added that the submission of a compelling victim impact statement prepared by court preparation Officer Lerato Modisane outlined the psychological trauma and humiliation endured by the complainant.

"This played a pivotal role in the court’s decision to increase the sentence. The court sentenced Xebisile to 18 years for rape and three years for housebreaking with intent to steal and theft. The sentences will run partially concurrently, resulting in an effective term of 21 years' direct imprisonment.” 

Senokoatsane indicated that the accused was also declared unfit to possess a firearm.

“His name will be entered into the National Register for Sex Offenders.

“The NPA welcomes the sentence. Crimes of sexual violence infringe on victims’ constitutional rights to dignity, privacy, and security. The NPA remains resolute in its commitment to prosecute such cases with diligence and compassion, particularly when the victims are elderly or otherwise vulnerable. This sentence reaffirms the justice system’s duty to protect and uphold the rights of all citizens and reinforces the NPA’s unwavering stance against gender-based violence,” he added.