Justice served: Northern Cape man’s life sentence for child rape upheld

A Northern Cape man who was jailed for the rape of his 11-year-old family member will remain behind bars after his effort to overturn his conviction and life prison sentence failed in the Northern Cape High Court in Kimberley. 

Stefaans Dickson - a repeat offender who has previous convictions for rape and murder - was jailed for raping a boy family member on January 12, 2019, at Platfontein.

Appealing against the findings of the court, Dickson argued that the oral evidence and written statements by the minor victim and the victim’s grandmother, who caught him in the act, were not credible. 

He submitted that the trial court erred in its finding and that the “sentence of life imprisonment is shockingly inappropriate” despite being linked to the crime through DNA evidence found on the boy’s underwear.

It emerged during court proceedings that Dickson had forcibly penetrated the young boy after luring him into his home. 

"(The victim) testified that he was 11 years old at the time of the incident and that he knew the appellant as he is a family member. According to his evidence, the appellant sent him to collect a lighter from his grandmother on the evening of January 12, 2019, which he took to the appellant’s residence. 

“On his arrival, (the victim) stood outside, and he entered the residence when the appellant asked him to fetch an item from inside the house. The appellant grabbed him and pushed him to lie face down on his stomach on the bed, whereafter the appellant got on top of his back and opened his own trousers,” court documents detailed.

The boy’s grandmother arrived at Dickson’s home, having heard the cries of her grandchild.

The court heard that the victim was crying, and his grandmother arrived with her torch, and Dickson ran outside.

“(The victim) put his underpants and trousers back on. His uncle called the police, and they took him to the hospital, where he was given medication and was examined by a doctor.”

Dickson made a bare denial of all evidence brought against him and pleaded not guilty. It was his version that he was not at the house at the time of the incident and insisted that he was at his uncle’s house with his mother and siblings.

Submitting reasons for why the DNA found on the boy’s underwear was his, Dickson said he had sexual intercourse with his girlfriend, whereafter he wiped his genitals with a cloth that he then discarded on the floor.

It was his version that the cloth he used to wipe himself was the victim’s underwear.

High Court judge, Almè Stanton, said: “The trial court was satisfied that (the victim) relayed his evidence in a chronological manner. It found that, despite the long silences and repeated questions when he testified, (the victim’s) evidence remained consistent, he was capable of proper observation, and he recollected the material events correctly.

“The version of the appellant... is not bolstered by the DNA evidence or any alibi evidence. It is clear that he had no intention of calling his girlfriend to testify… the identity of his alibi witness was not revealed until the trial had commenced and extremely far into it. Tellingly, the appellant provided no plea explanation in which he could have disclosed that the basis of his defence was predicated on alibi evidence,” said Judge Stanton. 

The judge said the finding of the trial court that the guilt of the appellant was proven beyond a reasonable doubt cannot be faulted.