Man Sentenced To Life For Raping 11-Year-Old Girl With Down Syndrome; Claims ‘Consensual’ Sex

The Pretoria Magistrates’ Court has handed 32-year-old man, Thabo Xolani Masoka a life sentence for the horrific rape of an 11-year-old girl with Down syndrome. Masoka, who lived in the same apartment block as the victim and her mother, committed the crime on September 18, 2022.

According to Lumka Mahanjana, Gauteng regional spokesperson for the National Prosecuting Authority (NPA), the young girl was with her mother at a salon on the premises when the mother began closing up around 7:45 pm.

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The child started walking home alone, but when her mother returned shortly after, she realised her daughter was missing.

A frantic search ensued, with neighbours joining the effort. A witness reported seeing the girl walking toward Masoka’s flat. When confronted, Masoka denied any wrongdoing, claiming he had no idea why the child was in his home.

“Consensual Sex” Defence Crumbles in Court

Despite overwhelming evidence, Masoka pleaded not guilty, shockingly insisting that the child was his “girlfriend” and that their sexual encounter was consensual. He even claimed he believed the victim was 17 years old.

Prosecutor Andries Ntjana dismantled Masoka’s defence, presenting medical and psychiatric evidence proving the child lacked the capacity to consent. The court also heard how Masoka, a neighbour, had violated the trust of the victim’s family.

During sentencing, Masoka begged for leniency, citing his three children and wife as dependents. However, Ntjana argued that the accused showed no remorse, continuing to deny guilt even after conviction.

Life Sentence Sends Strong Message Against Gender-Based Violence

Magistrate Lynn Pillay found no compelling reason to deviate from the mandatory minimum sentence, imposing life imprisonment. The NPA welcomed the ruling, emphasising its commitment to protecting society’s most vulnerable.

“This ruling reaffirms the NPA’s unwavering commitment to delivering justice for the most vulnerable members of our society, particularly children with special needs who are often targeted due to their dependence and trust,” said Mahanjana.

“The court’s decision to impose the prescribed minimum sentence, despite the accused’s pleas for leniency, underscores our resolute stance that no one is above the law, especially when it comes to gender-based violence against defenceless victims,” Mahanjana added.

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