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Judge sends HIV+ man to jail for life

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Original Post Date: 2008-05-08 Time: 00:00:00  Posted By: Jan

A Pretoria High Court acting judge on Wednesday expressed utter dismay at men who sexually abuse women and children, particularly fathers and stepfathers who raped the children they were supposed to respect.

In sentencing an HIV-positive man to life imprisonment for raping his girlfriend’s eight-year-old daughter, acting judge Chris Eksteen sent out a message that the courts would not tolerate this type of conduct.

He told Samuel Hudson, 37, that the court had listened to the defence’s plea for mercy.

Eksteen said he had noted that Hudson came from a poor family, that he was a first offender and that he pleaded guilty to the rape in the lower court.

The judge, however, said the legislature had promulgated the act on minimum sentences so that this type of offence (child rape) could be dealt with harshly.

“Any substantial and compelling circumstances this court will find in this case, will be mere window dressing.

“The court will not partake in finding artificial grounds for mitigation only to impose a lesser sentence,” Eksteen said.

The lower court earlier heard that Hudson had raped the little girl after her mother had left her in his care when she went to work.

The mother refused to have sexual intercourse with Hudson after she discovered that he was HIV-positive.

According to a social worker’s report, he had repeatedly forced the mother to have sex with him without a condom.

After she refused to further have sexual relations with him, he had sex with other women.

Hudson claimed he raped the eight-year-old because she was “sexually ripe” and “naughty with boys in the veld”.

But according to the social worker, the child experienced severe trauma because of the rape.

She no longer wanted to play with other children, suffered from an eating disorder, was depressed and had undergone a personality change.

He expressed his dismay at the fact that even though he knew he was HIV-positive, Hudson raped the girl.

Hudson earlier said he did not manage to penetrate the child fully.

Eksteen on Wednesday referred to the injuries the child had suffered and commented that he “shuddered” to think what would have happened if he had managed to penetrate her fully.

He also referred to the argument by the defence that this was not the worst kind of rape and questioned what “the worst kind of rape was”.

He asked whether he had to sit back with hands folded, waiting for the “worst kind of rape” before acting against such perpetrators.

He said the court dealt with cases where women and children were sexually abused almost on a daily basis and it had to take note of the outcry from the community against such crimes.

Eksteen said that he was of the opinion that if he was lenient towards Hudson, it would defeat the purpose of the legislation that intended the courts to deal harshly with rapists.

    • Source: http://www.iol.co.za/index.php?art_id=vn20080508055107763C105375