Elderly man loses life sentence appeal after impregnating 10-year-old and infecting her with HIV

The Western Cape High Court in Cape Town has dismissed an appeal by a 63-year-old man convicted of repeatedly raping his partner’s young daughter, leaving his life sentence intact.

In a judgment delivered on February 13, 2026, the court said it found no basis to interfere with either the conviction or the sentence imposed by the Parow Regional Court.

The man had been found guilty of raping the child, who was nine years old at the time of the offence and was sentenced to life imprisonment.

According to the judgment, the abuse began when the complainant was eight years old. The man, who was 60 at the time and living with the child and her mother in Delft, subjected her to repeated sexual assaults over an extended period.

The court heard that the child fell pregnant at the age of 10 and later tested positive for HIV. Medical evidence presented at trial confirmed she was nearly 30 weeks pregnant when examined in May 2023.

DNA analysis confirmed that the man was the biological father of the child she was carrying.

The abuse only came to light after neighbours alerted the school when they noticed the child’s pregnancy. She was subsequently removed from her home and placed in care.

The High Court described the facts of the case as a “harrowing series of tragedies”, noting that the complainant endured significant trauma, including giving birth at a young age without pain medication after going into premature labour. A closed adoption was arranged for the baby.

Because of the severe psychological impact of the abuse, the child did not testify during the trial. Instead, her experiences were presented through victim impact reports compiled by a social worker.

In the appeal, the man did not raise substantive grounds challenging the conviction. Instead, the appellant argued that the trial court should have deviated from the prescribed life sentence.

His legal team contended that his age, status as a first offender, time spent in custody awaiting trial, and the fact that he has adult children constituted “substantial and compelling circumstances” warranting a lesser sentence.

However, the high court found that the trial magistrate had properly weighed these personal circumstances against the gravity of the offence and the interests of society.

The court emphasised that the appellant had abused a position of trust, describing him as someone who should have protected the child but instead preyed on her vulnerability. The court noted that he groomed the child and threatened to withhold small gifts if she refused his sexual demands.

The court found no material misdirection in the trial court’s decision and held that the life sentence was neither disproportionate nor shocking given the seriousness of the crimes.

It also found no evidence of remorse. Despite overwhelming DNA evidence, the appellant pleaded not guilty and attempted to deflect blame.

“In all the circumstances, the appeal against the conviction and sentence is dismissed,” read the judgment

sinenhlanhla.masilela@iol.co.za

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