The Kwaggafontein Regional Court on Thursday sentenced Sergeant Lucky Mncube 32, to life imprisonment for raping a mentally challenged adult female with the psychological reasoning capacity of an 11-year-old.
The incident happened in August 2020, when the victim met Mcube while on her way home – whom she knew as her neighbour in Vlaklaagte farm, Mpumalanga.
The court heard how Mncube stopped and dragged the victim into the nearby bush where he raped her.
The spokesperson for the National Prosecuting Authority (NPA) Regional Office, Monica Nyuswa, said the victim suffered injuries and went home shaking and scared with blood stains on her clothes.
She said the victim was able to identify the accused to her family, which led to his arrest.
In court, Mncube pleaded not guilty, claiming the sexual activity was consensual and that he was unaware of the victim’s mental disorder.
In evidence led by State Prosecutor Nicky Coetzee, the victim’s sister proved that the accused knew about the victim’s mental illness.
A medical report presented by Coetzee also revealed that the victim had been injured in a forceful sexual encounter and that she has a mental capacity comparable to an 11-year-old.
A probation officer’s report and the victim’s Impact Statement, which detailed the psychological anguish she endured following the assault, were handed to the court
The court found no substantial and compelling circumstances, that warrant a deviation from the prescribed minimum sentence and the accused was sentenced to life imprisonment.
In terms of Section 103 (1) of the Firearms Control Act 60, of 2000 the accused was deemed unfit to possess a firearm. The court also ordered his name to be entered into the National Register for Sex Offenders.
In acknowledging the conviction and sentence, Nyusuwa said NPA hoped the sentence would send a strong message that women’s and children’s violence will not be tolerated by courts.