Western Cape High Court Judge Judith Cloete has turned down an appeal by a man serving life imprisonment for impregnating his stepdaughter (13) – claiming she had consented.

A Cape Times report says the man turned to the High Court in hopes of overturning the conviction and five year’s imprisonment sentence on the count of sexual assault.

He had been sentenced to life imprisonment on each count of rape. 

Cloete remarked that the Wynberg Regional Court correctly concluded that there were no substantial and compelling circumstances to justify a deviation from the prescribed minimum sentence, or that the imposition of life imprisonment would be disproportionate to the crimes of which the man was convicted.

The child had not reported that she had been raped three times by her stepfather, who at the time of the incidents was 47-years-old, until her mother noticed white pre-lactation fluid on the black bra she was wearing as she prepared to take a morning bath in preparation for church in April 2022.

A report compiled by a doctor confirmed the victim was about 27 weeks pregnant.

She gave birth to her stepfather's son in May 2022 when she was just 14-years-old.

The court said the appellant had little choice but to admit paternity given that DNA results proved that there was a 99.9% probability that he was the child's biological father.

Full Cape Times report

Judgment