A rapist who claims to have made peace with his victim has had his appeal against his conviction and life imprisonment sentence dismissed by the North West Division of the High Court. 

Confidence Pogisho was sentenced in July 2017 by the North West Regional Court after he was found guilty of raping his 24-year-old ex-girlfriend on October 11, 2015.

The crime involved assaulting her in the street, abducting her, and repeatedly raping her while she was held captive in his house. The regional court also declared him unfit to possess a firearm.

In his appeal, Pogisho argued that the regional magistrate erred by finding that the State had proved its case beyond a reasonable doubt, rejecting his evidence as untrue, and accepting the State’s evidence in all material aspects.

He further claimed that the lower court failed to consider his prospects for rehabilitation and his personal circumstances, which include being a breadwinner, having three children, and taking care of his stroke-afflicted father.

Crucially, Pogisho asserted that he and his victim had reconciled and were on speaking terms.

However, the High Court found no fault with the regional magistrate’s decision. Acting Judge Johanna Titus noted that the evidence presented by the State witnesses was consistent throughout, stating: “Minor discrepancies were immaterial and did not undermine the overall reliability of the State’s case.”

Judge Titus underscored that sexual violence against women is a serious violation of dignity, bodily integrity, and security, and stressed that prescribed minimum sentences must be imposed unless compelling circumstances exist.

Concluding that the High Court was not persuaded that Pogisho’s grounds warranted interference with the imposed sentence, Judge Titus ruled: “The appeal must, therefore, fail.”

nomonde.zondi@inl.co.za

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