No bail for Benoni father accused of raping and impregnating his own daughter
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The Tsakani Magistrates' Court has denied bail to a 39-year-old father from Lindelani, Benoni, accused of repeatedly raping his daughter when she was just 15. The ruling was delivered on Tuesday, just days after his first court appearance.
The alleged abuse began in March 2022, when the victim, who is now 18, was living with her parents and younger brother in Tsakani.
According to court testimonies, the father lured the victim into their home while the mother was attending church, sending her brother out to buy chips. The father allegedly locked the door behind her, undressed both himself and the victim, and raped her before leaving the scene.
Upon returning home, the mother reportedly found her daughter crying on her bed. When asked, the girl disclosed what had happened, but her mother did not believe her accusations. This pattern continued, with the mother dismissing further claims of abuse even as the rapes persisted in her absence.
The girl fell ill, leading to a visit to Pholosong Hospital, where it was confirmed that she was pregnant. The mother attempted to abort the pregnancy using a concoction, which ultimately failed. The situation grew more precarious when the parents decided to move the victim to Limpopo to stay with her paternal grandmother, where she eventually gave birth to a boy in December 2022.
After turning 18, the girl reported the rape and last month, she opened a case in Limpopo, prompting her father's arrest.
In court, the father requested bail set at R1,000, insisting he was the primary caregiver for three other children aged 1, 12, and 18, as his unemployed wife was unable to provide for them.
The National Prosecuting Authority's Lumka Mahanjana said Prosecutor Sindi Leonora Sejake countered this argument, asserting a strong case against the accused, supported by DNA evidence confirming his paternity of the victim's child.
Investigating officer, Sergeant Tebogo Lephoto, further testified about the risk of witness interference, noting that the father had travelled to Limpopo in an apparent bid to confront the victim once he learned of her decision to press charges.
Magistrate Tebogo Lekgau ruled against the bail application, underscoring the gravity of the allegations that could lead to a life sentence if the accused is convicted.
"She highlighted the strong state case and the community outcry that necessitated the family's relocation. Emphasising the vulnerability of the child and the betrayal she faced from both her parents, first by her father's abuse and secondly by her mother's denial, Magistrate Lekgau firmly stated that it was not in the interests of justice to grant bail," Mahanjana said
The case has now been postponed to August 28.
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