Life sentence for man who raped mentally disabled woman

A 42-year-old Northern Cape man has been sentenced to life in prison for raping a 47-year-old mentally disabled woman from Komaggas, near Springbok, and stealing her welfare grant.

The SPRINGBOK Regional Court sentenced 42-year-old Fernandes Rudolph Damon to life imprisonment after he was found guilty of raping a 47-year-old mentally disabled woman from Komaggas, near Springbok, and stealing her social scholarship.

The incident occurred on June 3, 2020 when the complainant went to a local store to withdraw her government scholarship.

National Prosecuting Authority regional spokesperson Mojalefa Senokoatsane said on Tuesday that the woman bought two bottles of alcohol from the bottle shop after withdrawing R800.

“The defendant (Damon) arrived at the bottle shop, took the complainant’s alcohol from the counter and left with it. She was not worried as she knew the accused as both lived in Komaggas. The accused also used to be friends with her boyfriend,” Senokoatsane said.

He added that along the way Damon met his friend and co-accused Jason Diergaardt and they went to a ditch along with the complainant.

“The complainant was forced to smoke dagga and drink alcohol. When the two defendants undressed the complainant, they found R700 in her possession. Damon stripped her and raped her while holding a knife to her throat. When Damon finished, it was his co-defendant Diergaardt’s turn to rape the complainant.”

Senokoatsane stated that the two accused left the complainant at the scene and took her belongings.

“The complainant then lodged a police report and both defendants were arrested.”

Senokoatsane stated that there were long delays until the trial began on November 27, 2023 due to the Covid-19 pandemic, laboratory backlogs and the death of co-defendant Diergaardt.

“During the course of the investigation, it was established that the complainant had previously been psychologically traumatized, having survived an event that led to her admission as a patient with schizophrenia. Due to these developments, she was sent to a clinical psychologist for evaluation. The assessment concluded that the complainant had a mild mental deficit. The psychologist further stated that the complainant was functioning at the level of a child between the ages of 7 and 10.”

Senokoatsane added that the regional court prosecutor, Basil Kock, had difficulty consulting with the complainant due to her mental state.

“The prosecutor had to work extremely hard to gain their trust in order to build the state’s case as she was the only witness to what happened that day. During the trial, Kock emphasized the plaintiff’s psychological trauma and the seriousness of the crime.”

Senokoatsane added that Damon chose not to testify but admitted raping the complainant and stealing her money, Sassa card and cigarettes.

“He admitted the role he and his co-defendants played during the incident. He said that he went to the complainant’s house to ask her forgiveness but she chased him away.”

Senokoatsane said prosecutor Basil Kock highlighted the complainant’s psychological trauma and the seriousness of the offense.

“In sentencing the defendant, the court concluded that there were, in fact, no substantial and compelling circumstances that would cause him to deviate from the prescribed minimum sentence.”

He explained that the life sentence imposed for the rape and the 12-month sentence for the theft would run concurrently.

“The defendant was also declared unfit to possess a firearm,” Senokoatsane added.