A 46-year-old man has been sentenced to 45 years imprisonment without an option of a fine for repeatedly raping his biological daughter.
The accused appeared before Principal Magistrate Fikile Nhlabatsi at the Mbabane Magistrates Court when handing down the sentence after considering the seriousness of the offense and vulnerability of the victim.
The court found that the accused abused his position of trust as a father and caused severe and emotional psychological harm to the victim.
Evidence before court revealed that the accused sexually violated the minor on several occasions. The minor testified that her father raped her on different dates and in different circumstances.
She further told the court that on one occasion her brother walked in and witnessed her father sexually assaulting her.
The child also recalled another incident that occurred while they were on their way home from the shop. The court noted that the child endured the abuse in silence for some time until it eventually came to light.
The minor’s mother also took the witness stand and told the court that she only learnt of the abuse when she attempted to discipline her daughter. She told the court that the child then broke down and disclosed that her father had been sexually violating her, explaining in detail how and when the incidents occurred.
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In passing sentence, Principal Magistrate Nhlabatsi said the court had carefully considered the nature of the offence and the prevalence of sexual and domestic violence in the country.
She noted that such crimes had become a scourge in society and could not be treated lightly.
“Hardly a day passes without a report of a woman or a child being beaten, raped or even killed in this country. Many women and children live in constant fear, and this infringes on their fundamental rights such as equality, human dignity and bodily integrity,” the court said.
Nhlabatsi added that the accused had infringed the complainant’s right to dignity, bodily integrity and psychological integrity, rights which are protected in any democratic society that upholds gender equality and respect for human life.
The Magistrate emphasised that the role of the courts is to respond firmly and effectively to offender-based and gender-based violence. She said the courts should not shy away from imposing severe and deterrent sentences in appropriate circumstances, particularly in rape cases involving children.
“During sentencing, the court must also consider the traditional purposes of punishment, namely deterrence, prevention, rehabilitation and retribution,” Nhlabatsi said.
She further noted that the court would not overlook the fact that the accused was the biological father of the complainant, which constituted a serious aggravating factor.
The court also took into account that the accused did not use protection during the assaults, thereby exposing the child to the risk of contracting sexually transmitted diseases.
On count one, the accused was sentenced to 15 years’ imprisonment without the option of a fine. The sentence was backdated to November 18, 2024, being the date on which he first appeared in court.
On count two, the accused was again sentenced to 15 years’ imprisonment in terms of Section 4(2)(b) of the Sexual Offences and Domestic Violence Act. The section provides that where an adult is convicted of maintaining a sexual relationship with a child and is also convicted of another offence, the court shall not order the sentence to run concurrently.
On count three he was also sentenced to 15 years in prison without an option of a fine which made a total of 45 years in prison without an option of a fine.
He was further advised to apply for a review of sentence at the High Court of Eswatini if he was unsatisfied with the sentence.
