The resilience of a little girl – the youngest person to testify in her own rape case in South Africa successfully – has been lauded for ensuring the prosecution and sentencing of 55-year-old George man to life imprisonment.

The victim was three years old when she was raped and sexually assaulted. She was four years old when she testified for four consecutive days.

NPA spokesperson Eric Ntabazalila said the Thembalethu Regional Court sentenced child rapist, Ian Hoggins, to an effective life imprisonment after the State successfully argued that there was no other fitting sentence following his conviction for child rape, sexual assault, and illegal possession of 124 child pornographic images. 

The court declared him unfit to possess a firearm and ordered his name to be entered into the National Register of Sex Offenders. 

According to the NPA, after the court ruled that the Hoggins must serve his sentence, he attempted to commit suicide in court and had to be rushed to the hospital.

The little girl testified that she visited the accused’s household and would play with the accused’s daughter. When the incidents happened, the accused’s wife was at work, and his daughter was in another room watching movies. She testified that the accused called her as she walked to the toilet, took off her pants, diaper, sexually assaulted her, and took pictures of her private parts using his cellphone. She further testified that the accused told her not to tell anybody.

Ntabazalila said Adv. Gerda Marx had to request the court to take breaks to ensure that the victim did not lose focus and was able to respond during her testimony and the rigorous cross-examination that followed. Marx also used anatomically correct dolls for the victim to demonstrate what had happened to her.

The victim testified that she feared the accused. The victim’s mother also testified that her daughter was afraid, anxious, and avoided people. She would hide behind her mother and would turn away from male persons and did not want to have contact with people.

“Adv Marx told the court that there were no substantial and compelling circumstances which allowed the court to deviate from the prescribed minimum sentence of life imprisonment. The accused was known to the victim; from time to time, his daughter and his wife would look after the victim. There was a trust relationship built over time. The gruesome crimes had a direct impact on the victim as she started to have nightmares after the incident and was taking prescribed medication for anxiety. Adv Marx further argued that the accused failed to take responsibility for his actions,” Ntabazalila said. 

“After his sentence, the accused, through his legal representative informed the court that he intended to appeal both the conviction and sentence. He requested the court to extend his bail pending the finalisation of the appeal. Adv Marx successfully argued this, and the court ruled that the accused must serve his sentence, as it believed that no other court could come to a different conclusion. Immediately after the delivery of this decision, the accused attempted to commit suicide in court and had to be rushed to the hospital.” 

Western Cape Acting Director of Public Prosecutions Adv Tommy Bunguzana applauded the girl for being able to successfully testify about what happened to her and assisted to ensure justice for herself and her family. He also thanked the Homeland Security Investigations at the American Embassy for their assistance in downloading the child pornographic images.

Cape Times

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