Hate Crime Rapist Has Sentence Increased to Life

A man who was initially sentenced to 25 years in prison for the brutal hate crime rape, kidnapping and stabbing of a lesbian woman in KwaZulu-Natal has seen his appeal backfire after his sentence was increased to life in prison.

The National Prosecuting Authority (NPA) has welcomed the outcome as a significant victory in the fight against gender-based violence (GBV) targeting members of the LGBTIQ+ community.

Survivor Targeted for Her Sexual Orientation

In June 2016, the survivor—an 18-year-old lesbian woman—was at a tuck shop in the Mahinga area of Ingwavuma when she was introduced to her attacker, Sakhile Phumowakhe Mhlanga.

After Mhlanga expressed romantic interest, the woman made it clear she was not interested and was attracted to women. Undeterred, Mhlanga followed her home, entered her dwelling while she slept, and assaulted her. When she resisted, he stabbed her and then raped her twice, vaginally and anally.

He later forcibly took her to his home, where he raped her again. The woman managed to escape and was taken for medical treatment. She reported the attack to the police, and Mhlanga was arrested seven months later.

Initial Conviction and Sentencing

Mhlanga was convicted of rape in 2017. Although the prosecutor argued for the mandatory minimum sentence of life imprisonment, the court sentenced him to 25 years. The court did not clearly state any substantial and compelling reasons for deviating from the minimum sentence.

Mhlanga was granted leave to appeal both his conviction and sentence and the case was heard in the Pietermaritzburg High Court.

State Cross-Appeals for Life Sentence

Advocate Krishen Shah, representing the state, maintained that the conviction was sound and cross-appealed the sentence, arguing that Mhlanga should have received a life sentence from the outset.

According to the NPA, Shah further submitted that the survivor was a victim of “corrective” rape, a form of hate crime, because of her sexual orientation. He emphasised that Mhlanga showed no remorse and had inflicted lasting physical and psychological trauma.

Conviction Upheld, Sentence Increased

On 30 May, the Pietermaritzburg High Court confirmed Mhlanga’s conviction and set aside the original sentence, replacing it with life imprisonment.

“The NPA has in this case been able to successfully address the scourge of GBV in the LGBTQIA+ community,” said Natasha Ramkisson-Kara, NPA Regional Spokesperson for the KZN Division. “We are committed to ensuring that the fight against GBV is intensified by working closely with our partners and victims of crime.”

Civil Society Welcomes Outcome

The Forum for the Empowerment of Women (FEW) applauded the revised sentence.

“This sentence encourages trust in the criminal justice system and instils trust among victims of sexual and gender-based violence and hate crimes that heinous crimes will be fairly tried with just sentencing,” said Roché Kester, FEW’s Programme and Advocacy Manager, speaking to MambaOnline.

“Homophobic rape of lesbian women remains a scourge in South African society and needs to be dealt with with this measure of seriousness in court,” she added.

Kester noted that LGBTIQ+ organisations are waiting “with bated breath” for the rollout of the Hate Crimes Act, which President Ramaphosa assented to in May last year. “This ruling sets the tone for what civil society organisations will expect in terms of sentencing in a hate crime case,” she said.