Farm rapist gets 12 years in Keetmans

A 23-year-old man who raped and assaulted a 47-year-old Gochas resident was jailed for 12 years by the High Court at Keetmanshoop on Friday.

Andries Swartz carried out the “humiliating and degrading” attack on a gravel road at Okonjete farm in the Mariental District on March 15 2005. Both Swartz and the woman that he attacked were living at Okonjete at the time of the incident.The woman, who is a mother of four children, earlier told the court she had regarded Swartz as her son because he was related to her husband.During the trial, the court heard that the woman was overpowered and raped while she was clutching her 18-month-old baby.Her baby was thrown onto the ground and she was raped next to her crying baby.Judge Kato van Niekerk also sentenced Swartz, who is serving a three-month jail term imposed in July for possession of dagga, to a fine of N$500 or one month’s imprisonment, wholly suspended for five years, on a charge of common assault.Swartz appeared calm when the sentence was passed.He had conceded that he slapped the woman with an open hand, claiming she had provoked him by swearing at him – a claim the woman denied under cross-examination.The woman sustained injuries to her legs and above her left eye.Passing the sentence, Judge Van Niekerk said: “The sentence above the minimum sentence prescribed by the Combating of Rape Act is appropriate in this matter, but bearing in mind that the accused is young, reformable and a first offender, the court would not like to break the accused by imposing a considerable jail term.”It appears Swartz is a stable person because he started to work at a young age of 18 to support his two children, his two siblings and his granny from a meagre wage of N$450 he earned as a farm labourer,” she added.The Judge agreed with the State that aggravating circumstances had outweighed the mitigating factors in the matter.”The rough manner in which the rape was carried out and the degree of violence inflicted on the complainant are aggravating factors,” Judge Van Niekerk motivated her findings.Swartz initially faced charges of rape, common assault, assault by threat and use of a motor vehicle without the owner’s consent, but the prosecution dropped the other charges when he pleaded guilty to rape and common assault.When the trial started last week, Swartz first pleaded not guilty to all charges.He later changed his plea.Although Swartz exercised his right by tendering a not guilty plea at the start of the trial, which is not consistent with true remorse, he expressed remorse when he asked the victim for forgiveness from the witness box, the Judge said.Judge Van Niekerk described the attack as degrading and humiliating.”It was a most humiliating moment for the complainant, since she was not a youngster at the time of her rape,” she added.Defence lawyer Winnie Christians represented Swartz during the trial.Ed Marondedze represented the State.Both Swartz and the woman that he attacked were living at Okonjete at the time of the incident. The woman, who is a mother of four children, earlier told the court she had regarded Swartz as her son because he was related to her husband. During the trial, the court heard that the woman was overpowered and raped while she was clutching her 18-month-old baby.Her baby was thrown onto the ground and she was raped next to her crying baby. Judge Kato van Niekerk also sentenced Swartz, who is serving a three-month jail term imposed in July for possession of dagga, to a fine of N$500 or one month’s imprisonment, wholly suspended for five years, on a charge of common assault.Swartz appeared calm when the sentence was passed.He had conceded that he slapped the woman with an open hand, claiming she had provoked him by swearing at him – a claim the woman denied under cross-examination.The woman sustained injuries to her legs and above her left eye.Passing the sentence, Judge Van Niekerk said: “The sentence above the minimum sentence prescribed by the Combating of Rape Act is appropriate in this matter, but bearing in mind that the accused is young, reformable and a first offender, the court would not like to break the accused by imposing a considerable jail term.”It appears Swartz is a stable person because he started to work at a young age of 18 to support his two children, his two siblings and his granny from a meagre wage of N$450 he earned as a farm labourer,” she added.The Judge agreed with the State that aggravating circumstances had outweighed the mitigating factors in the matter.”The rough manner in which the rape was carried out and the degree of violence inflicted on the complainant are aggravating factors,” Judge Van Niekerk motivated her findings. Swartz initially faced charges of rape, common assault, assault by threat and use of a motor vehicle without the owner’s consent, but the prosecution dropped the other charges when he pleaded guilty to rape and common assault.When the trial started last week, Swartz first pleaded not guilty to all charges.He later changed his plea.Although Swartz exercised his right by tendering a not guilty plea at the start of the trial, which is not consistent with true remorse, he expressed remorse when he asked the victim for forgiveness from the witness box, the Judge said.Judge Van Niekerk described the attack as degrading and humiliating.”It was a most humiliating moment for the complainant, since she was not a youngster at the time of her rape,” she added.Defence lawyer Winnie Christians represented Swartz during the trial.Ed Marondedze represented the State.