Cape Town man jailed for 15 years for raping 11-year-old girl - IOL

Saadiq Rajap was sentenced in the Mitchells Plain Regional Court.

A Cape Town man has been sentenced to 15 years’ direct imprisonment for the rape and sexual assault of an 11-year-old girl in the Mitchells Plain Regional Court. 

Saadiq Rajap, 54, was convicted on charges of rape and sexual assault committed against a minor. 

The court heard that the incidents occurred on April 10, 2024. 

During the trial, Prosecutor Sergio Goff led evidence from the victim and the teammate she initially told about the crime. 

The court heard that the girl’s 13-year-old friend invited her to play pool at Rajap’s house. After she got permission from her grandmother, she accompanied her friend to the house. 

Rajap asked the friend to accompany him to Mitchells Plain Town Centre to purchase a plug; the girl went along. Upon arrival in Town Centre, Rajap instructed the friend to enter the job while the girl remained in the vehicle. 

The court heard he moved from the driver’s seat into the rear of the taxi he was driving, approached the girl, and began touching hr breasts over her clothing. When the friend returned to the vehicle stating the money was not enough, she was sent back into the shop with the correct amount. 

The girl testified that she and her friend later travelled to Khayelitsha with Rajap so he could have his taxi repaired. While there, he again sent her friend to a nearby spaza shop to buy snacks and an energy drink. During her absence, he moved into the back of the taxi, touched the victim's breasts, and then proceeded to touch her private parts, inserting his finger into her vagina.

In her testimony, the girl told the court that she removed Rajap’s hand and that he subsequently offered her money in an attempt to prevent her from reporting the incident. She stated that she never consented to any sexual contact.

After the incident, the girl testified that she confided in a teammate from her soccer team. Her mother later discovered messages relating to the incident on a cell phone shared by the girl and her teammate. 

When questioned, the girl became emotional and was unable to explain what happened. However, the quick-thinking mother took her daughter to the police station, where a criminal case was opened. 

During the trial, Rajap pleaded not guilty. In his defence, he claimed they had travelled to Strand Beach and that the girl had willingly removed her clothes while seated in the back of the taxi. 

Rajap claimed he accidentally touched the girl’s breasts after tripping while entering the vehicle. He further claimed he asked the girl’s permission to touch her breasts and private parts and she had consented. 

Although he admitted that he touched the girl and acknowledged that he knew she was a minor, he denied inserting his finger into her vagina. He further testified that he was "lustful" at the time and acknowledged that it was wrong for an adult to ask a child to engage in sexual activity.

During argument, Prosecutor Goff submitted that the girl’s evidence was clear, credible, consistent, and corroborated by other evidence before the court. He argued that her account was logical, straightforward, and detailed, without material contradictions, making it reliable and satisfactory in proving the State's case.

Goff further submitted that Rajap showed no remorse and that his version was riddled with inconsistencies. According to the State, his evidence was tailored to avoid criminal liability rather than telling the truth. Goff argued that the accused had a clear motive to distort the facts to evade responsibility for the serious offences proved by the State. The court accepted the State's case and convicted the accused.

The court sentenced Rajap to 15 years' direct imprisonment for rape after finding substantial and compelling circumstances that justified a departure from the prescribed minimum sentence of life imprisonment. Five years of the sentence was suspended for five years on condition that he is not convicted of rape or sexual assault during the period of suspension.

In addition, the court sentenced Rajap to five years' imprisonment for sexual assault, wholly suspended for five years on condition that he is not convicted of sexual assault during the suspension period. 

The court further ordered that his name be entered into the National Register for Sex Offenders and declared him unsuitable to work with children and unfit to possess a firearm. The State was also directed to inform the victim of her right to make representations should the offender be considered for parole.