The Bloemfontein Regional Court has sentenced a 34-year-old man, James Nkhatho, for raping his mentally challenged sister and fathering two of her children.
The court sentenced him to 60 months in prison. An additional 10-year sentence was suspended for five years. He was sentenced on November 13, 2024.
According to the Free State police, this case came to light when a social worker from Lemo Mall reported the crime last year.
Sinah Mpakane, police spokesperson gave details of the matter. She said the brother lives with his sister at their parental home in Rocklands, Bloemfontein. He had been engaged in a sexual relationship with her.
Nkhatho faced similar charges in the past
This resulted in his sister birthing two children by Nkhatho.
It was revealed during the trial that Nkhatho had been convicted of a similar offence in 2019. He was sentenced to seven years in prison for the crime. Though that sentence was suspended for five years.
The recent case, reported by the social worker, led to Nkhatho being found guilty of incest. This was after a thorough investigation by the Mangaung Family Violence, Child Protection, and Sexual Offences (FSC) Unit.
She said it should be noted that sexual intercourse with a mentally challenged person was rape. Because the person could not independently make their own decisions.
She also explained that in handing down the sentence, the magistrate took into account Nkhatho’s previous conviction. It was considered a significant factor in determining his punishment.
Mpakane highlighted that the first child was already placed at a safety home but after the father’s detainment, both children and the mother will continue staying at Rocklands after the social worker advised it was safe.
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