HIV-POSITIVE FATHER SENTENCED TO LIFE IMPRISONMENT FOR RAPE OF HIS MINOR DAUGHTER AND ATTEMPTED MURDER
The National Prosecuting Authority (NPA) welcomes the sentence of life imprisonment imposed on a 41-year-old HIV-positive man who raped his minor daughter without using a condom.
The Vredenburg Regional Court convicted the man on two counts of rape and one count of attempted murder after he entered into a plea and sentence agreement with the State.
He was sentenced to life imprisonment for the first count of rape, 35 years’ direct imprisonment for the second count of rape, and 25 years’ direct imprisonment for attempted murder.
The court ordered the sentences to run concurrently.
The attempted murder conviction followed the State’s case that the accused had the requisite intention to kill his daughter by having unprotected sexual intercourse with her while knowing that he was HIV-positive and could infect her with HIV.
The court further declared him unfit to possess a firearm in terms of section 103 of the Firearms Control Act 60 of 2000 and unfit to work with children in terms of section 120 of the Children’s Act 38 of 2005.
It also ordered that his name be entered into the National Register for Sex Offenders and that the victim and her guardian be informed of the sentence in terms of section 299A of the Criminal Procedure Act 51 of 1977.
In his plea and sentence agreement, the accused admitted that the 13-year-old girl was his biological daughter.
He was separated from her mother, and the child had lived with him since she was four years old.
He told the court that on 23 May 2025, his partner showed him pornographic material that she claimed to have found on the victim’s cellphone.
This angered him, and he instructed his daughter to pack her belongings, telling her that he would take her to her mother’s home.
Instead, he drove with her to the back of a beach in Paternoster, where he parked the vehicle in a secluded area.
He exited the vehicle, walked around to the passenger side, opened the door, and instructed the child to lie on her back. He then removed her pants and underwear and raped her.
Afterwards, he drove back home with her without taking her to her mother’s home as he had indicated.
The accused further admitted that he knew he was infected with the human immunodeficiency virus (HIV) and that he did not use a condom when he raped his daughter.
He admitted that, by having unprotected sexual intercourse with her while knowing that he could infect her with HIV, he had the requisite intention underlying the attempted murder charge.
In aggravation of sentence, Regional Court Prosecutor Chandre Minaar argued that, at such a tender age, the victim was a child entitled to protection, care, guidance, and security, particularly from her parents.
Her youth rendered her especially vulnerable and dependent on the adults entrusted with her care and well-being.
Of grave concern was that the accused was her biological father, who bore a fundamental responsibility to protect her from harm, exploitation, and abuse.
His conduct constituted a profound betrayal of the trust inherent in the parent-child relationship.
Further aggravating the offence was the fact that the accused knew that he was HIV-positive but disregarded his daughter’s health and life by raping her without using a condom.
His conduct constituted a grave violation of her bodily integrity, dignity, and well-being.
In her Victim Impact Statement, compiled with the assistance of Court Preparation Officer Deonett Boltney, the victim said: “What happened made me feel sad. I was very angry because how could my own father want to do this to me? I did not expect this from him. He disappointed me a lot, but despite this, he remains my father, and I still love him very much.
“Daddy, I hope you enjoy prison life. I don’t really know what it is like to grow up without a father, which is why I feel sorry for my little sister and brother, but it is your own fault, because how could you.”
Western Cape Director of Public Prosecutions, Adv. Adrian Mopp, welcomed the sentence. “Gender-based violence and violence against women and children remain matters of serious national concern in South Africa.
The President has publicly recognised the gravity of gender-based violence and has called for decisive action to address this scourge.
“This matter must be considered against this broader social context, particularly because the victim was a minor subjected to sexual abuse by a person who was both her biological father and someone from whom she was entitled to expect protection.”
The NPA remains committed to vigorously prosecuting perpetrators of sexual and gender-based violence, particularly those who target children and abuse positions of trust.
This sentence sends a clear message that those who violate the dignity, bodily integrity and safety of children will face the full might of the law.
