-Caveat Lector-

Outrage as S.African Judge Cuts Rape Sentence
CAPE TOWN, Oct 6 (Reuters) - South African women's rights campaigners vented
their rage on Wednesday as a judge cut a mandatory life sentence for the
rape of a minor to just seven years because the man had raped his own
daughter.
The country suffers one of the highest incidence of rape in the world, with
one reported every 12 minutes on average -- although campaigners believe the
official statistics massively understate the size of the problem.
"The ruling is almost saying that incest is better than rape," lawyer
Bronwyn Pithey of national campaign group Rape Crisis told Reuters.
The ruling in Cape Town High Court by Judge John Foxcroft shocked anti-rape
activists, already up in arms at the banning of a television advertisement
that accuses men of being complacent about the sexual abuse of women.
Under new laws, the rape of a girl under the age of 16 carries a mandatory
life sentence.
Foxcroft ruled that the 54-year-old man should be jailed for seven years
because he had raped his own 14-year-old daughter rather than someone
outside the family.
"In this case the court says that type of behaviour towards his own daughter
was confined and there is no suggestion of sexually objectionable behaviour
outside the family," he said in his written ruling.
Western Cape Attorney General Frank Kahn, whose office prosecuted the case,
said he was petitioning the High Court of Appeal for permission to challenge
the judgement on the grounds that it was "shockingly inappropriate."
Foxcroft, who refused the right of the prosecution to appeal against his
sentence, repeatedly stressed that this was a first offence and the rape of
the daughter, while deplorable, had left no lasting damage.
"He draws the conclusion that he doesn't believe the daughter will suffer
long-term trauma," Pithey said. "But he is no expert on the matter and he
didn't call for expert advice."
"It is almost laughable that you can reduce an effective life sentence to
seven years and then deny leave to appeal," she added.
Pithey said it was difficult to tell if the number of rapes was actually
rising or if women were simply feeling more confident of coming forward and
reporting them.
"What is true is that they are certainly becoming more violent," she said.
"Either way the fact is that we have the most horrific incidents."
One recent assault that shocked the nation was the abduction, multiple rape
and torture of a young woman near Johannesburg who was left for dead on the
side of the road with part of her face burnt off.
"This ruling gives entirely the wrong message. I am very disappointed,"
Pithey said.
Copyright 1999 Reuters . All rights reserved. This material may not be
published, broadcast, rewritten, or redistributed.


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