Northern Cape man jailed for 25 years for raping woman in front of toddler

Ernest Khoza, 49, has been sentenced to 25 years’ direct imprisonment after a Kimberley Sexual Offences Court found him guilty of raping a woman in the presence of her toddler following a 2018 home invasion in Warrenton.

Convictions and sentence

Khoza was convicted of rape, housebreaking with intent to rob, and robbery with aggravating circumstances. The court imposed 15 years’ imprisonment for housebreaking with intent to rob and robbery with aggravating circumstances, and 15 years’ imprisonment for rape. In terms of section 280 of the Criminal Procedure Act, five years of those sentences were ordered to run concurrently, producing an effective sentence of 25 years’ direct imprisonment.

Details of the offence

The court heard that the offences occurred in Warrenton in 2018. Khoza and another man broke into a residence and held the occupants a 37-year-old woman, her husband, and a two-year-old child at gunpoint. During the incident, the woman was raped in the presence of her toddler. The court heard that the men wore balaclavas to conceal their identities.

Evidence and post-sentence orders

The State presented circumstantial and forensic evidence, including DNA evidence, linking Khoza to the crimes. The court ordered that Khoza’s name be entered into the National Register for Sex Offenders and declared him unfit to possess a firearm.

Second accused discharged

The second accused, Thabang Molebedi, was found not guilty and discharged in terms of section 174 of the Criminal Procedure Act. The court found that the evidence did not link Molebedi to the offences, and neither the complainant nor her husband could identify him as one of the perpetrators.

Prosecution response

The provincial spokesperson for the National Prosecuting Authority, Mojalefa Senokoatsane, commented on the outcome. He said:

“This conviction underscores the critical role of forensic evidence and meticulous prosecution in securing justice for victims of serious violent and sexual offences, even where many years have passed since the commission of the crimes. It further demonstrates the NPA’s unwavering commitment to ensuring that perpetrators of gender-based violence and related offences are successfully prosecuted and appropriately punished,” Senokoatsane said.

The NPA said it trusts the conviction and substantial sentence will provide some measure of justice, closure and solace to the victim and her family, knowing that the perpetrator has been held accountable for his actions.