Man gets life sentence for raping minor with down syndrome
A 32-year-old man has been sentenced to life imprisonment for raping an 11-year-old girl with Down syndrome in Pretoria.
The Pretoria Magistrate's Court handed down the sentence on Wednesday to Thabo Xolani Masoka.
The National Prosecuting Authority welcomed the ruling as a victory for vulnerable children with special needs who are often targeted due to their dependence and trust.
Victim found in convict's home
The incident occurred on 18 September 2022, when the young victim was with her mother at the mother's salon on their residential premises.
According to Lumka Mahanjana, NPA Regional spokesperson for the Gauteng Division in Pretoria, the mother began locking up at approximately 7:45pm.
'The victim started walking home, but minutes later, the mother arrived at their flat and realised the child was missing,' Mahanjana said.
The mother launched a search with help from other residents. A witness reported seeing the victim walking with Masoka toward his flat.
When the mother and residents confronted Masoka at his apartment, they found the child sitting inside.
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'When questioned, he said he does not know why she was there,' Mahanjana stated.
Police were called immediately and arrested Masoka on the scene that same day.
The state successfully opposed his bail application, keeping him in custody throughout the legal proceedings.
Convicted rapist pleads not guilty to child rape
Masoka pleaded not guilty to the charges and denied the rape allegations.
'In court, Masoka pleaded not guilty, denying the rape and claiming the minor was his girlfriend, they had consensual sex and thought the victim was 17 years old,' said Mahanjana.
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However, Prosecutor Andries Ntjana presented compelling medical evidence that demolished this defence.
Evidence from a medical doctor and a psychiatrist proved the child lacked the mental capacity to consent to sexual activity.
Sentencing
During the sentencing phase, Masoka requested leniency from the court. He cited his responsibility for supporting three children and a wife as grounds for a reduced sentence.
Ntjana opposed any reduction in sentencing. The prosecutor argued that Masoka showed no remorse.
'Furthermore, Ntjana said Masoka lacked remorse; he continued to maintain his innocence even after conviction,' according to Mahanjana.
'Furthermore, Ntjana said Masoka betrayed the mother's trust since he was a neighbour meant to protect the child,' according to Mahanjana.
Magistrate Lynn Pillay rejected the defence's plea for leniency.
She found no substantial or compelling circumstances that would justify deviating from the prescribed minimum sentence.
The court deemed life imprisonment appropriate for the crime.
NPA response
The NPA praised the court's decision as a strong message against crimes targeting vulnerable individuals.
'The National Prosecuting Authority welcomes the life imprisonment sentence handed down by the Pretoria Magistrate's Court for the heinous rape of an 11-year-old girl with Down Syndrome,' Mahanjana said.
She emphasised that the ruling demonstrates the NPA's commitment to protecting society's most vulnerable members.
Mahanjana said the case particularly highlights the need to protect children with special needs who face increased risk due to their dependence on others.
'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 (GBV) against defenceless victims,' Mahanjana said.
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