MANZINI – The 46-year-old woman who raped a boy aged 15 years has been sentenced to 15 years imprisonment without an option of a fine.
Nontokozo Sakhile Dludlu was sentenced by Principal Magistrate Florence Msibi after the court heard evidence from four witnesses, including the minor, his friend, his elder brother and the investigating officer.
The boy, whose identity is withheld because he is a minor, told the court that he did not resist during the sexual assaults because he was afraid of Dludlu, who was his neighbour and someone he had known for many years. The court heard that the offence was committed at Luve on August 19, when Dludlu followed the boy into his great-grandmother’s house while he was attempting to purchase electricity units after the homestead had run out of electricity.
According to the evidence, the boy had entered the house to collect his grandmother’s cellphone so that he could purchase electricity units. Dludlu, according to the evidence, followed him into the house and raped him.
The boy further testified that Dludlu later called him and instructed him to go to another area within the family homestead, where she raped him for a second time.
He said he did not enjoy what happened and was frightened by Dludlu. He eventually told a friend because he was shocked that someone he knew and trusted could sexually assault him.
The friend later testified, while the boy’s older brother also gave evidence after confronting him about what had happened. The investigating officer told the court that investigations had established that Dludlu had been showing signs of sexual interest in the minor since February, during the marula season.
The officer said Dludlu had been a helper at the homestead and had played a role in raising both the minor and his older brother.
The investigating officer further testified that the evidence gathered during the investigation showed that the minor did not consent to the sexual activity. The officer said the boy had hidden in a toilet after the incident in an apparent attempt to distance himself from Dludlu. The officer confirmed that the assaults took place at the great-grandmother’s house, with the first incident occurring on a sofa.
Throughout the trial, Dludlu maintained her plea of not guilty.
In her defence, she gave a different version of events, saying that most of the incidents described by the prosecution witnesses had occurred on a Monday rather than the Wednesday on which the prosecution said the offence had taken place.
Dludlu told the court that she was not at the homestead at the time stated by the prosecution. She said events began while she and the minor were watching a TikTok clip. According to her version, the minor sat on her lap and she suddenly felt that he had an erection, which shocked her and caused her to move away.
She further testified that she later went to the house to assist the minor with lighting because he was supposed to purchase electricity units and it was dark. Dludlu said, while they were in the house, the minor pushed her onto the sofa and asked whether she did not want to taste or feel what he had heard about outside.
The prosecution challenged this version and questioned Dludlu’s role as an adult who had helped raise the boy.
In submissions on sentence, the prosecution argued that the court should consider that Dludlu had been expected to protect the child, but instead became the perpetrator.
The prosecution further argued that sexual offences involving male victims should be treated with the same seriousness regardless of the gender of the perpetrator or victim.
The State submitted that the court should consider the boy’s age and the fact that the sexual act occurred without his consent. It also urged the court to balance the interests of the community, the accused and the victim while considering the seriousness of the offence.
The prosecution said Dludlu’s position as a mother figure to the minor made the offence more serious and urged the court to impose the maximum sentence of 15 years.
Passing sentence, Principal Magistrate Msibi said the court had considered that Dludlu had pleaded not guilty and that the prosecution had called witnesses, giving her an opportunity to cross-examine them.
The magistrate said Dludlu had failed to discredit the evidence presented by the witnesses.
She further noted that the minor had been traumatised to the extent that he eventually disclosed the incident to his friend, who subsequently became a witness.
The magistrate said the evidence before the court left no doubt that Dludlu had committed the offence. She consequently found her guilty and sentenced her to 15 years’ imprisonment without the option of a fine.
Before sentence was imposed, Dludlu expressed remorse and apologised to the minor. She said she was sorry for portraying such an image to him when she was supposed to act like a mother.
She also asked whether the boy could forgive her and whether she would be able to face him again in the future. Following the sentence, the Swatini Action Group Against Abuse (SWAGAA) said the punishment demonstrated the importance of accountability in cases involving sexual violence against children.
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