Western Cape Father Sentenced to Life in Prison for Raping 13-Year-Old Daughter While HIV-Positive

Anneliese van der Merwe Published 14 seconds ago

5 min read

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A 41-year-old man has been sentenced to life imprisonment after being convicted of raping his 13-year-old biological daughter and attempting to murder her by knowingly exposing her to the risk of HIV infection.

The sentence was handed down by the Vredenburg Regional Court in the Western Cape after the accused entered into a plea and sentence agreement with the State.

The man was convicted on two counts of rape and one count of attempted murder. He received life imprisonment for the first count of rape, 35 years for the second count of rape and 25 years for attempted murder. The court ordered all three sentences to run concurrently.

The National Prosecuting Authority (NPA) said the attempted murder conviction arose from the accused’s knowledge that he was HIV-positive and his decision to have unprotected sexual intercourse with his daughter, knowing that he could transmit the virus to her.

How the incident happened

According to the accused’s admissions in his plea and sentence agreement, the incident took place on 23 May 2025.

The man had separated from the child’s mother, and his daughter had been living with him since she was four years old.

On the day of the incident, his partner allegedly showed him pornographic material that she claimed to have found on the girl’s cellphone. This angered the accused.

He subsequently instructed his daughter to pack her belongings, telling her that he was going to take her to her mother’s home.

However, instead of taking her to her mother’s residence, he drove with the child to a secluded area behind a beach in Paternoster.

The accused parked the vehicle in an isolated location, got out and walked around to the passenger side before opening the door.

He then instructed the girl to lie on her back, removed her pants and underwear and raped her.

After the assault, he drove back home with the child without taking her to her mother’s house as he had initially promised.

The accused admitted that he knew he was HIV-positive and that he had not used a condom during the rape.

He also admitted that he understood the risk of transmitting HIV to his daughter through the unprotected sexual intercourse. This formed the basis of the attempted murder conviction.

Daughter describes emotional impact

During the court proceedings, the victim’s impact statement was presented with the assistance of court preparation officer Deonett Boltney.

The girl, who was 14 at the time of the sentencing proceedings, described the emotional pain and confusion caused by the actions of her own father.

She said she had never expected her father to do something like that to her and expressed anger and disappointment over the betrayal.

Despite what had happened, she acknowledged that he remained her father and said she still loved him.

Addressing him directly in her statement, she delivered a particularly painful message about the consequences of his actions.

She said she hoped he would enjoy prison life, adding that she felt sorry for her younger sister and brother because they would have to grow up without their father.

She also made it clear that his imprisonment was a consequence of his own actions.

Prosecutor highlights betrayal of parental responsibility

Regional Court prosecutor Chandre Minnaar argued that the victim was particularly vulnerable because of her young age and dependence on the adults responsible for her care.

The prosecution emphasised that children are entitled to protection, care, guidance and security, particularly from their parents.

The fact that the accused was the girl’s biological father was considered a significant aggravating factor, as he had a fundamental responsibility to protect her from abuse and exploitation.

His actions represented a serious betrayal of the trust associated with the parent-child relationship.

The prosecution further highlighted that the accused knew he was HIV-positive but nevertheless raped his daughter without using protection, disregarding the potential consequences for her health and life.

Father declared unfit to work with children

In addition to the prison sentences, the court imposed several further orders against the accused.

He was declared unfit to possess a firearm in terms of Section 103 of the Firearms Control Act 60 of 2000.

The court also declared him unfit to work with children in terms of Section 120 of the Children’s Act 38 of 2005.

Furthermore, his name was ordered to be entered into the National Register for Sex Offenders.

The court also directed that the victim and her guardian be informed of the sentence in accordance with Section 299A of the Criminal Procedure Act 51 of 1977.

NPA welcomes sentence

Western Cape Director of Public Prosecutions, Advocate Adrian Mopp, welcomed the sentence, highlighting the seriousness of gender-based violence and crimes committed against children.

He said violence against women and children remained a major national concern and emphasised that the case involved a minor who was sexually abused by someone from whom she was entitled to expect protection.

The National Prosecuting Authority reiterated its commitment to prosecuting perpetrators of sexual and gender-based violence, particularly those who target children and abuse positions of trust.

The case highlights the serious consequences faced by perpetrators who exploit their parental responsibilities and violate the safety and dignity of children.