- Director of Public Prosecutions (DPP), Gauteng v MG 2017 (2) SACR 132 (SCA)
Section 57(1) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 provides as follows:
“57. Inability of children under 12 years and persons who are mentally disabled to consent to sexual acts
(1) Notwithstanding anything to the contrary in any law contained, a male or female person under the age of 12 years is incapable of consenting to a sexual act.
Mr MG, the accused, was convicted by the regional court in Louis Trichardt (“the trial court”) in the Limpopo Province on the following six counts:
Counts 1, 2 and 3: rape in contravention of section 3 of Act 32 of 2007;
Count 4: using a child for child pornography in contravention of section 20(4) of Act 32 of 2007;
Count 5: exposing, displaying or causing the exposure or displaying of child pornography in contravention of section 19(a) of Act 32 of 2007; and
Count 6: sexual grooming of children in contravention of section 18(2)(a) of Act 32 of 2007.
In respect of counts 1, 2 and 3 (the three rape counts), the accused was sentenced to life incarceration on each of the three counts. The remaining counts 4, 5 and 6 were treated as one for the purposes of sentence whereupon a sentence of ten years’ incarceration was imposed.
The complainant in this matter was the daughter of the wife of the accused from a previous relationship. The offences supra were discovered by the accused’s wife when she was using the family computer and came across pornographic images of adult women. She later stumbled upon photographic images of the accused engaged in sexual acts with the complainant. This discovery set the wheels of justice in motion and culminated in the convictions and sentences referred to supra.
The complainant was ten years old at the time of the commission of the said offences.