SIPHO BALOYI, known as Brickz, recently found guilty and convicted of rape, was sentenced to 15 years in prison.
He was found guilty of raping his 17-year-old niece at his home in 2013 .
In handing down the sentence, Magistrate John Baloyi mentioned a few factors that led to his decision to send Brickz to prison for 15 years.
– While raping her, Brickz told the victim that he would kill her should she tell his wife.
– After the rape, the victim bled from her private parts, she could not walk, Brickz told her to go bath.
– After taking the bath, the victim sat on the bed bleeding and confused about what the accused had done to her.
– She was 17 years-old and was inexperienced in sex. She therefore found the experience painful.
– She was scared of Brickz and kept the rape to herself for seven months.
– She grew more fearful of Brickz and would hide in the wardrobe.
– Upon examination, it was found that the victim had contracted a sexual transmitted infection and that her hymen was broken,
– She became suicidal and would cry at school up to a point where teachers had to call the accused’s wife, the victim’s aunt, to the school,
– The trauma became unbearable and she failed her June exam.
– Brickz wife was supportive to a point where the victim became comfortable and told her about the incident.
– The victim said that as Brickz was her uncle, she expected him to treat her as one of his kids but he raped her instead.
– Prior to the rape, she was a 17 year-old who had just lost her mother and her father had taken ill.
– As an uncle, it is customary for an uncle to step in at this point and take a role of a father figure.
– As an uncle, Brickz was supposed to, among other things, treat the victim well, not bully her, offer advice, surprise her with gifts, remember important dates, be there when the victim needed him – as this is what it takes to become a ‘cool’ uncle,
– In this instance, Brickz did not rise to the occasion, instead he raped her niece – ‘It is an honour to be called an uncle, you have given this title a bad name,’
– Brickz did not show any remorse, especially when he opted not to testify,
– He did not feel guilty about his actions despite evidence that proves the victim was emotionally and psychologically affected,
– He did not feel guilty despite evidence that the victim cried all the time when she thought about the incident and wanted to commit suicide,
– Brickz is not a a suitable candidate for rehabilitation,
– Fact that Brickz is married with kids would be immaterial in this case.