In a case that has spanned a decade, Petrus Daniel Swart, a 51-year-old man, has been convicted and sentenced to an effective term of 10 years in prison for the rape of his domestic worker. The incident occurred in 2014 at a farm in Piet Retief, leaving the victim traumatized and seeking justice.
On March 5, 2014, the victim was diligently performing her chores in the Swart family household while the accused’s wife was away taking their children to school. Suddenly, Swart attacked her from behind, overpowering her and wresting her to the ground. Despite her attempts to resist, the defenceless woman was raped within the confines of Swart’s own home.
The subsequent trial was marked by significant delays. Swart denied the allegations, leading to a prolonged legal battle. The defence contested forensic expert evidence related to the accused’s blood samples, causing further delays. Eventually, the case was taken to the high court for review, resulting in new DNA samples being ordered.
The DNA evidence conclusively linked Swart to the crime, leading to his conviction. The court found him guilty as charged, acknowledging the gravity of the offence and the impact it had on the victim.
Advocate Marlin Cairncross presented the victim’s impact statement during the trial. In heartbreaking detail, the woman described how the rape ordeal had shattered her life. Cairncross argued that Swart failed to demonstrate any substantial or compelling circumstances justifying a deviation from the prescribed minimum sentence.
Despite Swart’s attempts to appeal the conviction, the court remained resolute. The interests of society and the severity of the crime outweighed any personal circumstances. Consequently, Swart received an effective 10-year prison sentence.
Speaking to Newzroom Afrika, the 47-year-old victim (whose identity remains confidential) expressed her struggle with forgiveness. Swart’s refusal to acknowledge his guilt made forgiveness difficult. However, she emphasized the need to focus on her own healing now that he is behind bars.
Activists argue that Swart’s sentence is insufficient, considering the trauma inflicted upon the victim. They believe that justice delayed is justice denied and that perpetrators of sexual violence must face more severe consequences.
