In a first for SA courts, a four-year-old child’s testimony has successfully led to the conviction of her rapist, reports News24. The child was raped at the age of three. She testified over four days in the Thembalethu Regional Court.

The George man, Ian Hoggins was handed a life sentence for rape and sexual assault.

According to NPA spokesperson Eric Ntabazalila, the case was ‘record-breaking’ because of her young age, which ‘necessitated a lot of patience and King Solomon’s wisdom’ on the part of prosecutor, Advocate Gerda Marx.

Ntabazalila said that the child had a short attention span. 

‘Marx had to request the court to take breaks to ensure that the victim did not lose focus and was able to respond during her testimony and the rigorous cross-examination that followed. She also used anatomically correct dolls for the victim to demonstrate what had happened to her,’ Ntabazalila added.

The child testified that she visited Hoggins’ household and would play with his daughter. When the sexual assaults occurred, his wife was at work, and his daughter was in another room watching movies.

Magistrate Eugenia Jacobs sentenced 55-year-old Hoggins to life imprisonment for rape, five years for sexual assault and eight years for the illegal possession of 124 child pornographic images.

His sentences will run concurrently.

Jacobs ordered that the court record be sealed to protect the minor complainant’s identity. Through his legal representative, Hoggins applied for leave to appeal his conviction and sentence, requesting that his bail be extended. The application was denied.

Ntabazalila said immediately after the delivery of this decision, Hoggin attempted to commit suicide in court. He reportedly stabbed himself in the neck with a sharp object.

Addressing the case, child protection expert Joan van Niekerk said it could be 'extremely difficult' for a young child to testify.

'The offender has the right to cross-examination through his attorney. It’s extremely difficult for children to cope with cross-examination. They’ve got to be very sure of themselves, very confident, and not be swayed by sometimes quite suggestive cross-examination. We also sometimes have a problem with the lack of protection of the child witnesses in court.' 

News24 notes that she said the success of the testimony often relied on the prosecutor’s experience, said Van Niekerk, and their ability to lead evidence in a way that was sensitive to their age.

'This is an exceptional case for sure. Perhaps it will give prosecutors more confidence in taking a child witness of this age through the court process. But to be quite frank, a lot of the problems lie with how children are dealt with throughout the court situation and whether their competence is assessed in a way that’s logical. And you must have an informed prosecutor for that.'

Dr Shaheda Omar, the director of clinical services at the Teddy Bear Foundation, said that forensic assessments were carried out on children from the age of two-and-a-half.

These assessments establish the veracity and credibility of the child’s testimony.

Full News24 report