Sentencing

Abstract

A number of judgments highlighted the after-effects of the crime of rape as an important aggravating factor affecting sentence. In S v Tuswa 2013 (2) SACR 269 (KZP) 'the accused's conduct has reduced the complainant from an independent farming woman and a leader in her community to someone [who is] ... "mentally disturbed, forgetful and frightened with no self-confidence" ' (at para [60]). The court attached substantial weight to this factor, particularly in the light that the complainant was theoretically old enough to be the accused's great-great grandmother (at para [61]).