'Sex with 11-year-old Down syndrome victim was consensual'

THE Pretoria Magistrates’ Court has sentenced 32-year-old Thabo Xolani Masoka to life imprisonment for raping an 11-year-old girl with Down syndrome. 

The National Prosecuting Authority (NPA) said Masoka resided in the same block of flats as the victim and her mother.

The incident occurred on 18 September 2022.

“The victim was with her mother, at the mother’s salon on the premises, when, at approximately 7.45pm, the mother began locking up,” said Lumka Mahanjana, Gauteng regional spokesperson for the NPA.

The victim began walking home, but minutes later, her mother returned to their flat and realised the child was missing.

“With assistance from other residents, she searched for her daughter,” said Mahanjana.

A witness reported seeing the little girl walking with Masoka to his flat. 

“The mother and residents confronted Masoka at his flat, where they found the child sitting. When questioned, he said he does not know why she was there,” said Mahanjana.

The residents called the police, and Masoka was arrested on the scene that day.

In court, the state successfully opposed his bail, and Masoka has remained in custody since his arrest.

Masoka pleaded not guilty to the heinous crime against the child.

He insisted that the child was his girlfriend, and they had consensual sex.

Masoka claimed in court that he believed the victim was 17 years old.

However, prosecutor Andries Ntjana presented evidence from a medical doctor and psychiatrist, which proved that the child lacked the capacity to consent. 

During sentencing, Masoka requested leniency, citing his three children and wife, whom he supports.