A 29-year-old man from Gqeberha who raped his 12-year-old cousin told the Gqeberha High Court that he harbours no ill feelings toward the complainant, he understands that she needs to receive justice, and that he wishes her well for the future.
Asixole Swapi raped the complainant in Greenfields on 11 October last year while she was asleep. The girl woke up due to experiencing pain during the act.
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His DNA was present when the victim was taken to a medical practitioner to be examined.
Swapi pleaded guilty and was sentenced to an effective 20 years’ imprisonment in accordance with a plea agreement with the state.
He said his guilty plea equates to taking responsibility for his actions and noted that he chose not to put witnesses, especially the young complainant, through the ordeal of having to relive the offence by testifying.
According to Swapi’s plea, he was of sober senses when the urge arose to sleep with the complainant.
He relayed how he had fallen “off” the girl after she woke up during the rape and slapped him off her.
“I have brought shame on our family, and I failed the complainant.
“I, as an older male person, should have protected her, with her being a mere child, only 12 years old at the time.
“She was in the safety of her home, where she should have been at her safest.
“I acted shamefully and out of character when I acted as set out above. I accept that the evidence against me is overwhelming,” Swapi said in his plea.
During the time of the offence Swapi was gainfully employed and earned R8,000 per month, with which he supported his family, including the complainant.
The court heard that he has no previous convictions and that his girlfriend is currently four months pregnant.
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He was supported by two family members who wept when the sentence was handed down.
Before his sentence, a tearful Swapi for his mother to say that the time had come for court proceedings to start.
