PH
A Mpumalanga man who pleaded guilty to raping his mentally ill 77-year-old biological mother started having sex with her when he was 13-years-old, the Nelspruit Regional Court in Mbombela heard.
The man, 41, from Thembelihle Trust outside Barberton, was sentenced to 15 years on Thursday after pleading guilty.
He cannot be named to protect his mother’s identity.
He was arrested in June last year after family members reported he was sexually abusing his mother, who could not consent.
His defence lawyer, however, asked the court to consider a lesser sentence because his mother had apparently exposed him to incest when he was a child.
State prosecutor, Thulani Msibi, said although pre-sentencing reports by social workers outlined that the victim played a role by having incestuous sex with him when he was younger, it did not justify his conduct.
“At her age and her mentality, it is disturbing. She was like a child. There is no excuse for what he did,” said Msibi.
Magistrate Vanessa Joubert said the court was satisfied that the man pleaded guilty.
Family knew incest was unlawful
“Although the pre-sentencing report states your mother played a role in this matter, you could have thought better. She needed permanent care in feeding and bathing,” said Joubert.
The magistrate said the social worker indicated that the victim introduced the man to drinking liquor, smoking and sex when he was 13-years-old.
“Your family knew incest was unlawful, but it was never reported when it happened. You had to leave home to find work in Johannesburg, to escape the incestuous situation,” she said.
Joubert said medical reports indicated the victim had a stroke in her 40s, resulting in severe dementia and her being unable to consent to sex.
“When you returned from Jo’burg she was already ill. You had to take good care of her. Testimony by your family revealed you were giving her liquor in that state of her mental incapacity,” said the magistrate.
She added that the family had agreed to take the victim to an old age home for better care.
“You are sentenced to 15 years imprisonment. You are declared unfit to own a firearm and unfit to work with elderly people. Your name will be placed in the register for sexual offenders,” said Joubert.
