‘The sex was consensual’: Man insists after raping 11-year-old girl with Down syndrome

The Pretoria Magistrates’ Court has sentenced 32-year-old Thabo Xolani Masoka to life imprisonment for raping an 11-year-old girl with Down syndrome. 

The National Prosecuting Authority (NPA) said Masoka resided in the same block of flats as the victim and her mother.

The incident occurred on 18 September 2022.

“The victim was with her mother, at the mother’s salon on the premises, when, at approximately 7:45 pm, the mother began locking up,” said Lumka Mahanjana, Gauteng regional spokesperson for the NPA.

The victim began walking home, but minutes later, her mother returned to their flat and realised the child was missing.

“With assistance from other residents, she searched for her daughter,” said Mahanjana.

A witness reported seeing the little girl walking with Masoka to his flat. 

“The mother and residents confronted Masoka at his flat, where they found the child sitting. When questioned, he said he does not know why she was there,” said Mahanjana.

The residents called the police, and Masoka was arrested on the scene that day.

In court, the state successfully opposed his bail, and Masoka has remained in custody since his arrest.

Masoka pleaded not guilty to the heinous crime against the child.

He insisted that the child was his girlfriend, and they had consensual sex.

Masoka claimed in court that he believed the victim was 17 years old.

However, prosecutor Andries Ntjana presented evidence from a medical doctor and psychiatrist, which proved that the child lacked the capacity to consent. 

During sentencing, Masoka requested leniency, citing his three children and wife, whom he supports.

Ntjana opposed Masoka’s pleas, submitting that the 32-year-old man lacked remorse, as he had continued to maintain his innocence even after conviction by the court.

Furthermore, Ntjana said Masoka betrayed the mother’s trust, since he was a neighbour, expected to protect the vulnerable child. 

Magistrate Lynn Pillay found no substantial or compelling circumstances to deviate from the prescribed minimum sentence, and slapped Masoka with life imprisonment.

Meanwhile, the NPA has welcomed the life imprisonment handed down by the court.

“This ruling reaffirms the NPA’s unwavering commitment to delivering justice for the most vulnerable members of our society, particularly children with special needs who are often targeted due to their dependence and trust,” said Mahanjana.

“The court’s decision to impose the prescribed minimum sentence, despite the accused’s pleas for leniency, underscores our resolute stance that no one is above the law, especially when it comes to gender-based violence against defenceless victims.”

jonisayi.maromo@iol.co.za

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