Pretoria man sentenced for rape of 11-year-old with Down syndrome
The Pretoria Magistrates' Court handed down a life sentence to a 32-year-old man found guilty of raping an 11-year-old girl with Down syndrome.
Thabo Xolani Masoka (32) was sentenced on July 31 for the incident that took place on September 8, 2022.
The National Prosecuting Authority (NPA) welcomed the life imprisonment sentence, describing Masoka's actions against the child as heinous.
'On the day of the incident, the victim was with her mother at the mother's salon when, at approximately 19:45, the mother began locking up,' said NPA Regional Spokesperson, Lumka Mahanjana.
The victim started walking home before her mother, who minutes later arrived at their flat and realised her child was missing.
The mother and neighbours eventually traced the child to Masoka's house.
'The mother and residents confronted Masoka at his apartment, where they found the child sitting. When questioned, he said he did not know why she was there.
'The residents called the police, and Masoka was arrested on the scene that day. The state successfully opposed his bail, and he has remained in custody since,' Mahanjana said.
In court, Masoka pleaded not guilty, denying the rape, and claiming the minor was his girlfriend, they had consensual sex and said he thought that the victim was 17 years old.
However, Prosecutor Andries Ntjana presented evidence from a medical doctor and psychiatrist, who proved that the child could not consent.
During sentencing, Masoka requested leniency, referring to his three children and wife, whom he supports.
Ntjana opposed this, saying Masoka lacked remorse, as he continued to maintain his innocence even after conviction.
Magistrate Lynn Pillay found no substantial or compelling circumstances to deviate from the prescribed minimum sentence, deeming life imprisonment appropriate.
'This ruling reaffirms the NPA's unwavering commitment to delivering justice for the most vulnerable members of our society, particularly children with special needs who are often targeted due to their dependence and trust.
'The court's decision to impose the prescribed minimum sentence, despite the accused's pleas for leniency, underscores our resolute stance that no one is above the law, especially when it comes to gender-based violence (GBV) against defenceless victims.'
ALSO READ: Wolwespruit wetland cleared after 20-year standoff
Do you have more information about the story?
Please send us an email to [email protected] or phone us on 083 625 4114.
For free breaking and community news, visit Rekord's websites: Rekord East
For more news and interesting articles, like Rekord on Facebook, follow us on Twitter or Instagram or TikTok.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Herald
5 hours ago
- The Herald
'It could have been my child': community fumes over Joburg mom who gave 'drugs' to young son
A woman and three men from Newclare appeared briefly in the Johannesburg magistrate's court on Monday facing charges of attempted murder and child abuse after a viral video showed the woman's toddler being coerced to smoke 'a harmful substance'. The case was postponed to Thursday, to allow for verification of alternative addresses submitted by the defence. The video, which was shared on social media and led to the mother's arrest on July 29, saw the woman and her friends getting the four-year-old boy to light and smoke what appeared to be a Mandrax and dagga-laced bottleneck pipe. 'We cannot say it is drugs at this point, the investigations are ongoing. It is safe to say the child was placed in danger and that is why the state has removed the child to a place of safety,' NPA spokesperson Phindi Mjonondwane said outside court. The NPA intends to oppose the accused's release on bail, citing the sensitivity of the matter and the victim's age. Mjonondwane asked the public to stop sharing the footage. 'It is dismaying that such videos are circulating. We have taken necessary steps and appeal to the public to stop sharing them. The victim is a minor, we must protect his dignity and the integrity of the investigation.' A woman who identified herself as a relative of one of the accused expressed heartbreak over the incident. Despite her ties to the accused, she said she chose to attend the hearing in solidarity with the victim. 'I am here because it could have been my child too. I am also a mother. 'In our community drugs are a huge problem, but nobody listens to us,' she told TimesLIVE. 'We as coloured people do not get recognised by government. We cry out when shootings happen, when kids are lost to drugs and no one hears us. Now suddenly everyone cares, but where were they when we were fighting this battle alone?' Community activist Melissa Davids said: 'We want justice and we want it as in yesterday. 'The justice system is failing us, too many children are being abused and nothing happens.' Davids said she receives constant calls about child abuse cases that do not make headlines or reach social workers. 'On my way here, I got a call about a mother who tried to give up her child because she could not take care of them. She said [the department of] social development turned her away.' Davids believes there is systemic neglect of coloured communities, citing unemployment, drugs and lack of social services. 'Our people have nothing. That is why so many kids are exposed to drugs and violence. The government ignores us until it is too late,' she said. TimesLIVE
TimesLIVE
6 hours ago
- TimesLIVE
'It could have been my child': community fumes over Joburg mom who gave 'drugs' to young son
A woman and three men from Newclare appeared briefly in the Johannesburg magistrate's court on Monday facing charges of attempted murder and child abuse after a viral video showed the woman's toddler being coerced to smoke 'a harmful substance'. The case was postponed to Thursday, to allow for verification of alternative addresses submitted by the defence. The video, which was shared on social media and led to the mother's arrest on July 29, saw the woman and her friends getting the four-year-old boy to light and smoke what appeared to be a Mandrax and dagga-laced bottleneck pipe. 'We cannot say it is drugs at this point, the investigations are ongoing. It is safe to say the child was placed in danger and that is why the state has removed the child to a place of safety,' NPA spokesperson Phindi Mjonondwane said outside court. The NPA intends to oppose the accused's release on bail, citing the sensitivity of the matter and the victim's age. Mjonondwane asked the public to stop sharing the footage. 'It is dismaying that such videos are circulating. We have taken necessary steps and appeal to the public to stop sharing them. The victim is a minor, we must protect his dignity and the integrity of the investigation.' A woman who identified herself as a relative of one of the accused expressed heartbreak over the incident. Despite her ties to the accused, she said she chose to attend the hearing in solidarity with the victim. 'I am here because it could have been my child too. I am also a mother. 'In our community drugs are a huge problem, but nobody listens to us,' she told TimesLIVE. 'We as coloured people do not get recognised by government. We cry out when shootings happen, when kids are lost to drugs and no one hears us. Now suddenly everyone cares, but where were they when we were fighting this battle alone?' Community activist Melissa Davids said: 'We want justice and we want it as in yesterday. 'The justice system is failing us, too many children are being abused and nothing happens.' Davids said she receives constant calls about child abuse cases that do not make headlines or reach social workers. 'On my way here, I got a call about a mother who tried to give up her child because she could not take care of them. She said [the department of] social development turned her away.' Davids believes there is systemic neglect of coloured communities, citing unemployment, drugs and lack of social services. 'Our people have nothing. That is why so many kids are exposed to drugs and violence. The government ignores us until it is too late,' she said.
The Citizen
8 hours ago
- The Citizen
Pretoria man sentenced for rape of 11-year-old with Down syndrome
Pretoria man sentenced for rape of 11-year-old with Down syndrome The Pretoria Magistrates' Court handed down a life sentence to a 32-year-old man found guilty of raping an 11-year-old girl with Down syndrome. Thabo Xolani Masoka (32) was sentenced on July 31 for the incident that took place on September 8, 2022. The National Prosecuting Authority (NPA) welcomed the life imprisonment sentence, describing Masoka's actions against the child as heinous. 'On the day of the incident, the victim was with her mother at the mother's salon when, at approximately 19:45, the mother began locking up,' said NPA Regional Spokesperson, Lumka Mahanjana. The victim started walking home before her mother, who minutes later arrived at their flat and realised her child was missing. The mother and neighbours eventually traced the child to Masoka's house. 'The mother and residents confronted Masoka at his apartment, where they found the child sitting. When questioned, he said he did not know why she was there. 'The residents called the police, and Masoka was arrested on the scene that day. The state successfully opposed his bail, and he has remained in custody since,' Mahanjana said. In court, Masoka pleaded not guilty, denying the rape, and claiming the minor was his girlfriend, they had consensual sex and said he thought that the victim was 17 years old. However, Prosecutor Andries Ntjana presented evidence from a medical doctor and psychiatrist, who proved that the child could not consent. During sentencing, Masoka requested leniency, referring to his three children and wife, whom he supports. Ntjana opposed this, saying Masoka lacked remorse, as he continued to maintain his innocence even after conviction. Magistrate Lynn Pillay found no substantial or compelling circumstances to deviate from the prescribed minimum sentence, deeming life imprisonment appropriate. 'This ruling reaffirms the NPA's unwavering commitment to delivering justice for the most vulnerable members of our society, particularly children with special needs who are often targeted due to their dependence and trust. 'The court's decision to impose the prescribed minimum sentence, despite the accused's pleas for leniency, underscores our resolute stance that no one is above the law, especially when it comes to gender-based violence (GBV) against defenceless victims.' ALSO READ: Wolwespruit wetland cleared after 20-year standoff Do you have more information about the story? Please send us an email to [email protected] or phone us on 083 625 4114. For free breaking and community news, visit Rekord's websites: Rekord East For more news and interesting articles, like Rekord on Facebook, follow us on Twitter or Instagram or TikTok.
