Young children were “under siege” in South Africa, and no longer safe from sexual abuse, a full bench of the Western Cape High Court heard on Friday.
State prosecutor Mornay Julius said young children were sexually abused by people they trusted, who pretended to love them.
He was opposing an appeal against the five-year jail sentence imposed on convicted paedophile Ian Appleton, a retired school teacher and accountant.
Appleton, 74, was jailed for performing oral sex on an eight-year-old boy in 2008, an offence previously charged as indecent assault, but now classified as rape by the new Children's Act.
Julius said Paarl Regional Court magistrate Norma Smile had exercised her discretion in a reasonable and proper manner, in imposing a prison sentence on Appleton.
He said the rape of small children now carried a sentence of life imprisonment. He however agreed with the defence that the magistrate had correctly found substantial and compelling circumstances to impose a less severe sentence.
“Although the magistrate was justified in imposing a sentence less severe than life, in this case a jail sentence is definitely warranted,” Julius said.
The magistrate's sentiments in jailing Appleton were that the number of child abuse cases regularly before the courts was overwhelming.
Even if the magistrate had misdirected herself in deciding that a prison sentence was called for, the misdirection was not so material as to justify the High Court's interference, as contended by defence counsel Francois Van Zyl, SC.
Julius said it should be of concern to the court that the boy was still traumatised by the sexual abuse that took place several times in 2008.
He said Appleton had previously been offered help for paedophilia, but the help he received had not had the desired effect.
Julius said Appleton and the boy's parents had been best of friends for many years, and the parents had been devastated to find out what had happened.
“The family is deeply shocked and traumatised by what happened,” he said.
Judgment was reserved. - Sapa
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