Cape Town - A rapist and supposed spiritual leader has been sentenced to 10 years imprisonment by the Mossel Bay Regional Court for the rape of his neighbour.
The court sentenced Hendrik Hartzenberg, 58, for taking advantage of his intoxicated neighbour and family friend, said National Prosecuting Authority (NPA) spokesperson, Eric Ntabazalila.
The prosecutor, Mervan Saaiman, told the court that the complainant socialised with Hartzenberg and his wife at their Grootbrak River house.
“After drinking beers, the 45-year-old victim fell ill and returned to her house. She did not lock her door after she entered the house and went straight to bed. She later woke up when she felt a heavy weight on top of her. She then realised that the accused was busy raping her.
“He used his hand to force her mouth closed. She was powerless and could not resist his power. When he was finished raping her, he got up and left her room. When he exited her room, her son entered the house and saw the accused fiddling with his belt and the zip of his pants. When the son confronted him, he tried to bribe the son with beer. The son rejected the offer and forced the accused out of the house. The complainant immediately reported the rape to the police (and Hartzenberg) was arrested,” said Ntabazalila.
During the trial, Hartzenberg maintained his innocence and denied having intercourse with the complainant. The court, however, accepted the state’s version as the truth.
“The court found that the complainant’s testimony was corroborated by her son. And further that the accused’s version was improbable. The court found that the accused exploited the complainant’s state of intoxication and convicted him of rape,” said Ntabazalila.
Addressing the court in aggravation of sentence, Saaiman emphasised the seriousness of the offence and its impact on the complainant.
"We further emphasised the fact that there was a relationship of trust between the parties. They were neighbours, the accused was her spiritual leader, and there is a familiar relationship between the accused and the complainant’s son.
"We requested the court to find that there are no substantial and compelling factors to deviate from the prescribed sentence. That the sentence should have a strong deterrent effect,” said Saaiman.
The court sentenced the first offender, as far as sexual offences are concerned, to 10 years of direct imprisonment.
Cape Times