A 41-year-old HIV-positive man has been sentenced to life imprisonment for raping his 13-year-old daughter in Paternoster. Image: FILE

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1Min

South Africa

Father sentenced to life in prison for raping 13-year-old daughter

A 41-year-old HIV-positive man has been sentenced to life imprisonment for raping his 13-year-old daughter in Paternoster, with the court also convicting him of attempted murder after he admitted to knowingly exposing the child to the risk of HIV infection.

A 41-year-old man has been sentenced to life imprisonment for raping his 13-year-old biological daughter in a case the National Prosecuting Authority (NPA) has described as a grave betrayal of parental trust.

The Vredenburg Regional Court sentenced the man to life imprisonment for the first count of rape, 35 years’ direct imprisonment for a second count of rape and 25 years’ direct imprisonment for attempted murder.

The court ordered the sentences to run concurrently.

The man, who is HIV-positive, was convicted on two counts of rape and one count of attempted murder after entering into a plea and sentence agreement with the State.

The attempted murder conviction stemmed from his admission that he knowingly raped his daughter without a condom despite knowing that he was HIV-positive and could expose her to HIV infection.

According to the plea agreement, the accused admitted that the victim was his biological daughter and had lived with him since she was four years old, following his separation from her mother.

The incident occurred on 23 May 2025 after his partner allegedly showed him pornographic material she claimed to have found on the teenager’s cellphone.

The accused admitted that he became angry and instructed his daughter to pack her belongings, telling her he would take her to her mother’s home.

Instead, he drove her to a secluded area behind a beach in Paternoster.

He parked the vehicle, moved to the passenger side and instructed the child to lie on her back before removing her pants and underwear and raping her.

He later drove the child home without taking her to her mother, as he had initially indicated.

In his plea agreement, the accused admitted knowing that he was infected with HIV and that he had not used a condom during the rape.

He further admitted that his actions constituted the requisite intention underlying the attempted murder charge.

During arguments in aggravation of sentence, Regional Court Prosecutor Chandre Minaar highlighted the victim’s young age and vulnerability, saying she was entitled to protection, care, guidance and security, particularly from her parents.

Minaar argued that the accused had violated the fundamental responsibility he had as the child’s biological father to protect her from harm and exploitation.

The prosecutor further stressed that his knowledge of his HIV-positive status and decision to rape the child without a condom aggravated the seriousness of the offences.

In her victim impact statement, compiled with assistance from Court Preparation Officer Deonett Boltney, the teenager described her sadness, anger and disappointment over the abuse.

“What happened made me feel sad. I was very angry because how could my own father want to do this to me? I did not expect this from him,” she said.

The victim said that despite what happened, she still loved her father, while expressing concern about her younger siblings growing up without him.

Western Cape Director of Public Prosecutions, Adv Adrian Mopp, welcomed the sentence, saying gender-based violence and violence against women and children remained serious national concerns.

He said the case was particularly disturbing because the victim was abused by her biological father, someone from whom she was entitled to expect protection.

The court also declared the accused unfit to possess a firearm in terms of the Firearms Control Act and unfit to work with children under the Children’s Act.

It further ordered that his name be entered into the National Register for Sex Offenders.

The victim and her guardian must also be informed of the sentence in terms of section 299A of the Criminal Procedure Act.

The NPA said it remains committed to prosecuting perpetrators of sexual and gender-based violence, particularly those who target children and abuse positions of trust.

The authority said the sentence sends a message that those who violate the dignity, bodily integrity and safety of children will face the consequences of the law.

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