The High Court of South Africa: Eastern Cape Local Division, Grahamstown, sentenced an East London attorney to two life prison terms and an effective 4 years for raping and assaulting his wife.
The 49-year-old attorney was sentenced to two life terms for raping his wife twice, in February 2012 and in May 2019.
He was further sentenced to a total of 4 years for two counts of assault with intent to do grievous bodily harm. Judge Judith Roberson ordered that the sentences run concurrently, meaning that he will effectively serve life imprisonment.
His application for leave to appeal, against his sentence was refused and his application for bail pending his petition to the Supreme Court of Appeal for leave to appeal was also refused.
Therefore, the attorney was taken into custody to commence serving his sentence. He was found guilty in November 2021.
Judge Roberson had rejected his defence that he lacked criminal capacity, caused by a combination of alcohol abuse and a diagnosis of Attention Deficit Hyperactivity Disorder (ADHD).
Judge Roberson concluded that his actions were focused and goal-directed.
The man also admitted in court that he enjoyed watching violent pornographic material and added that some of the violent sexual acts he performed on his wife, were done with her consent. Judge Roberson, however, accepted the version of the victim, because it was corroborated with evidence.
She rejected the man’s version of what had transpired.
In her judgment on the sentence, Judge Roberson commented on the accused’s evidence in respect of the sentence that he was sorry that the court’s time had been wasted, as the court should be concentrating on “real rapes and real criminals”.
The Judge stated that marital rape was an extremely serious offence.
