Man caught raping disabled teen to spend life in prison

A 54-year-old Mabopane man will spend the rest of his life behind bars after being convicted of raping a 17-year-old girl living with an intellectual disability, a crime discovered by the victim’s father who had walked in and found the pair half-naked during the attack.

Piet Tshabalala appeared in the Pretoria Magistrate’s Court on Thursday, 15 October, where the court sentenced him after finding him guilty. The court also declared him unfit to possess a firearm.

Tshabalala pleaded not guilty and claimed he was in a relationship with the victim.

Trial

The court heard that on 5 February 2024, the victim’s aunt left her alone at their home in Mamelodi while she went to a nearby shop. During that time, Tshabalala allegedly entered the house, undressed the victim and raped her.

While the attack was taking place, the victim’s father arrived at the house and found Tshabalala and the victim half-naked. He then informed the victim’s stepmother, and they took Tshabalala to a police station, where they reported the matter.

Arrest

Police arrested Tshabalala at the station, and he has remained behind bars since the National Prosecuting Authority (NPA) successfully opposed his bail application.

The victim was taken to the Mamelodi Thuthuzela Care Centre (TCC), where she received medical treatment, psychological support and legal assistance.

Evidence

State prosecutor Andries Ntjana presented evidence from Dr Lukhozi of the TCC, who examined the victim, along with testimony from the victim’s parents and aunt. The court found the evidence proved Tshabalala’s guilt beyond a reasonable doubt.

During sentencing, Tshabalala asked the court to impose a lesser sentence, arguing that he was a first-time offender, was employed at the time of the offence and supports three children.

Victim

Ntjana opposed the application, arguing that the crime’s seriousness, the victim’s vulnerability, and the abuse of trust warranted the prescribed minimum sentence. He also presented victim impact statements facilitated by Court Preparation Officer Kgomotso Lodi, detailing the devastating effect the crime had on the child’s family.

NPA spokesperson Lumka Mahanjana said the magistrate agreed with the state’s argument that Tshabalala had committed a serious offence and had exploited a vulnerable child instead of protecting her.

“Furthermore, the magistrate said that Tshabalala not only abused the trust the victim had towards him, but he also violated her rights as a person living with disability.”

Courts

The magistrate said society looks to the courts to protect it from such perpetrators by handing down a sentence that will send a message to future offenders.

“Therefore, the court found no substantial and compelling circumstances to deviate from imposing the prescribed minimum sentence of life imprisonment,” Mahanjana stated.

Committed

The NPA welcomed the sentence and reaffirmed its commitment to prosecuting crimes against children and other vulnerable people.

It said it would continue working through its prosecution services and TCCs to ensure victims receive the support they need while navigating the criminal justice system.