Man convicted of raping baby in his bed

A 62-year-old man has been convicted of raping a 15-month-old baby.

Madala Peter Tshemese, 62, appeared in the Bhisho high court for judgment before judge Belinda Hartle on Friday. Tshemese, who  pleaded not guilty to the October 2018 rape, is not related to the young victim.

The baby was found in the same bed as the accused by his wife. Buttons on the baby's romper had been loosened and her diaper had blood on it.

The Daily Dispatch reported last week that the court needed verification of whether semen was found on the baby's diaper. No semen was found.

A forensic nurse, Vuyokazi Magwaza, testified that the baby's hymen was broken. She had swelling and a fresh tear in the vagina.

Hartle said the question of whether the baby was penetrated rested on substantial evidence. She said the evidence showed inconsistency with the accused claiming innocence.

“As for the rape itself, I am satisfied with medical evidence that the baby was sexually penetrated,” said Hartle.

She said she was satisfied on the likelihood that there was no full-on penal penetration, “especially because sister Magwaza agreed that such a scenario may have [caused] more damage to the baby's vagina and that the tear may have presented itself differently had that been the case”.

“In the light of the absence of clarity on regarding whether the semen was deposited on the nappy, a more likely scenario in my view is that a penetration must have been with a finger.”

Hartle said that would also explain how the man's wife and daughter, who kept the baby in plain sight when the said offence had been committed, did not observe anything untoward when the baby cried strangely.

The man's wife testified that the baby cried as though she was shocked while in the room with the accused.

“The great mystery, as it was referred to by Mr Erasmus [the accused's lawyer], as to how the injuries could have been caused by the accused penetrating her is solved once it is accepted that the rape was limited to a finger.”

In mitigation of sentence, Hennie Erasmus called Tshemese to the stand. Tshemese said he was not “feeling okay” about being convicted of the rape.

He said he understood that he was convicted of a serious crime. He continued to maintain he was falsely implicated.

“I did not do it.”

Erasmus said the court should consider that his client had no previous convictions and was walking a straight path until he made a mistake that will “cost him dearly”.

However, the state prosecutor said the accused deprived the baby of her innocence.

“He was in a position of trust as the father figure of the child. He took advantage of the little girl. She was unable to protect herself. This is a serious offence. It happened where the child was supposed to be safe. It is clear that the accused is not remorseful.” 

The state called for a life sentence and for Tshemese to be registered on the sexual offenders list.

Sentencing is reserved for September 2. Tshemese will remain out on bail until then.

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