Court denies rapist’s appeal against teen victim's testimony

FAILING to poke holes in the credible testimony of his 13-year-old rape victim and her mother, a rapist’s appeal against his conviction and sentence has failed in the Western Cape High Court.

- CHEVON BOOYSEN

Thanduxolo Nashwa, who went on trial at the Wynberg Regional Court, appealed against his 18-year prison sentence, but this was denied by acting Judge Esmari Jonker, who said that his version was improbable and inconsistent with the overall probabilities therefore it could not reasonably be true.

The rape occurred on November 21, 2021. In his appeal, he disputed the credibility and reliability of the teen's evidence asa single minor witness.

Having faced the possibility of life imprisonment, Nashwa was imprisoned for 18 years by the magistrate, who deviated from the prescribed minimum sentence.

Despite this, Nashwa contended that the regional magistrate failed to undertake a holistic assessment of the alleged substantial and compelling circumstances. He further argued that the sentence imposed was “excessive and did not accord with the interests of justice or those of society”.

However, Jonker said Nashwa’s version was contradicted by the complainant, her mother, and the medical evidence.

The high court said there was no basis to interfere with the regional magistrate’s judgment on conviction.