Key Points:
- Eastern Cape High Court in Grahamstown sentenced a 49-year-old East London attorney to two life terms plus four years.
- He was found guilty of raping his wife twice, in February 2012 and May 2019.
- Sentenced to additional four years for two counts of assault with intent to cause grievous bodily harm.
- Judge Judith Roberson ordered sentences to run concurrently.
- The attorney’s applications for leave to appeal and for bail pending appeal were both refused.
- Judge rejected his defence of diminished criminal capacity linked to alcohol abuse and ADHD.
- The attorney admitted to enjoying violent pornography and claimed some violent acts were consensual.
- Judge affirmed marital rape is a very serious offence and accepted the victim’s evidence.
An Eastern Cape attorney has been handed two life sentences after being found guilty of raping and assaulting his wife. The Eastern Cape High Court in Grahamstown has sentenced a 49-year-old attorney from East London to two life terms in prison, along with an additional four years, following convictions for raping and assaulting his wife.
Why was the Eastern Cape attorney sentenced to two life terms?
The court heard that the attorney raped his wife twice, once in February 2012 and again in May 2019. In addition to the life sentences for rape, he received four years for two counts of assault with intent to do grievous bodily harm. Judge Judith Roberson ruled that the sentences would run concurrently.
What was the attorney’s defence and how did the court respond?
During the trial, the attorney argued he lacked criminal capacity due to a combination of alcohol abuse and a diagnosis of attention deficit-hyperactivity disorder (ADHD). However, Judge Roberson rejected this defence, stating that his actions were “focused and goal-directed.”
National Prosecuting Authority (NPA) provincial spokesperson Anelisa Ngcakani confirmed that the court found the defendant’s claim without merit.
The attorney also admitted in court that he enjoyed violent pornographic material and claimed that some of the violent sexual acts he performed were with his wife’s consent.
What did the judge say about the seriousness of the offences?
In delivering the sentence, Judge Roberson accepted the wife’s version of events, which was corroborated by the evidence. She strongly refuted the attorney’s assertion that the court should be concentrating on “real rapes and real criminals,” firmly stating that marital rape is an extremely serious offence.
What happened to the attorney after sentencing?
The attorney’s application for leave to appeal the sentence was refused. His subsequent application for bail, pending a petition to the Supreme Court of Appeal for leave to appeal, was also rejected. He was immediately taken into custody to begin serving his sentence.
