/ 5 March 2007

17 years’ jail for punching, raping 14-year-old

A rapist who intimidated his 14-year-old victim into submission with a punch to the face and then raped her three times the same night was jailed for 17 years by the Cape High Court on Monday.

Lungile Deya, now 23 but 19 at the time of the offence, first appeared in the Khayelitsha Regional Court, where magistrate Gaynor de Wee found him guilty. Because of the nature of his crime, Deya qualified for a life jail sentence and was referred by De Wee to the Cape High Court for sentence.

At Monday’s proceedings, prosecutor Simphiwe Vakele contended the aggravating factors outweighed any mitigating circumstances. However, Western Cape Judge President John Hlophe agreed with defence counsel Siabulela Ngxale that the case was not the worst rape scenario and did not justify a life sentence.

The judge said he nevertheless viewed the multiple rape of a 14-year-old, preceded by the punch in the face to subdue her, as ”very serious”. He rejected the defence claim that Deya and the girl had been lovers.

Deya, seemingly shocked at the sentence, first covered his face with his hands. He then held up a hand to attract the judge’s attention, but Hlophe ignored him. He was then whisked away to the holding cells. — Sapa