Rapist loses appeal, set to serve 20 instead of 18 years
A convicted rapist's bid to appeal his 18-year sentence backfired in the High Court last week, when the judge ordered the sentence be increased by two years.
Dosantos Gomaseb (31) had approached the court seeking a lighter sentence but was instead handed a 20-year prison term after High Court Judge Naomi Shivute ruled on Friday that the 18-year sentence imposed by the Mariental Magistrate’s Court deviated from the mandatory minimum for rape convictions.
She overturned the original sentence, increasing his prison term to 20 years.
Judg Shivute also ruled that the new sentence be backdated to 18 February 2022, when Gomaseb was sentenced by Mariental Magistrate Sunsley Zisengwe.
“There is nothing more degrading and humiliating than being a victim of rape. The sentencing court appears to have made light of a very serious and prevalent offence in this country," the ruling stated.
Gomaseb was serving the 18-year prison sentence, with five years suspended, after being convicted of contravening Section 2(1)(a) of the Combating of Rape Act 8 of 2000.
Aggrieved by the sentence, he filed an appeal on 21 August 2024, accompanied by a condonation application, as the appeal was not filed within the required 14-day period.
Condonation dismissal
Laura Pack, who appeared on behalf of Gomaseb in his appeal application, told the court that her client had filed his appeal 29 months after his sentence was handed down because he was still in shock and unaware of appeal rules.
However, the judge ruled the reason invalid, stating that there was no medical evidence to support his claim of shock. Shivute also found his excuse of being a layperson unconvincing, as he had legal representation during his trial.
In his grounds for appeal, Gomaseb listed several reasons for reducing his sentence, including personal circumstances such as health complications. He also argued that the court had failed to consider mercy and had instead overemphasised the seriousness of the offence.
Judge Shivute, however, said there is no evidence to suggest that Gomaseb would be unable to receive treatment and other necessary support in a correctional facility.
Brutal attack
Gomaseb was accused of following a woman walking towards an area called Sandveld in Mariental on the morning of Tuesday, 7 March 2017.
The woman told Zisengwe that Gomaseb had asked if he could walk with her, but she declined, saying "no".
Ignoring her response, he ran after her, kicked her to the ground, pulled her up and pushed her against a tree.
She told the court she fought him off twice, but on the third attempt, he managed to rape her.
Gomaseb was also arrested in 2009 at the age of 15 on a charge of rape of a young girl.
He was incarcerated and spent a year and a half in custody.
Dosantos Gomaseb (31) had approached the court seeking a lighter sentence but was instead handed a 20-year prison term after High Court Judge Naomi Shivute ruled on Friday that the 18-year sentence imposed by the Mariental Magistrate’s Court deviated from the mandatory minimum for rape convictions.
She overturned the original sentence, increasing his prison term to 20 years.
Judg Shivute also ruled that the new sentence be backdated to 18 February 2022, when Gomaseb was sentenced by Mariental Magistrate Sunsley Zisengwe.
“There is nothing more degrading and humiliating than being a victim of rape. The sentencing court appears to have made light of a very serious and prevalent offence in this country," the ruling stated.
Gomaseb was serving the 18-year prison sentence, with five years suspended, after being convicted of contravening Section 2(1)(a) of the Combating of Rape Act 8 of 2000.
Aggrieved by the sentence, he filed an appeal on 21 August 2024, accompanied by a condonation application, as the appeal was not filed within the required 14-day period.
Condonation dismissal
Laura Pack, who appeared on behalf of Gomaseb in his appeal application, told the court that her client had filed his appeal 29 months after his sentence was handed down because he was still in shock and unaware of appeal rules.
However, the judge ruled the reason invalid, stating that there was no medical evidence to support his claim of shock. Shivute also found his excuse of being a layperson unconvincing, as he had legal representation during his trial.
In his grounds for appeal, Gomaseb listed several reasons for reducing his sentence, including personal circumstances such as health complications. He also argued that the court had failed to consider mercy and had instead overemphasised the seriousness of the offence.
Judge Shivute, however, said there is no evidence to suggest that Gomaseb would be unable to receive treatment and other necessary support in a correctional facility.
Brutal attack
Gomaseb was accused of following a woman walking towards an area called Sandveld in Mariental on the morning of Tuesday, 7 March 2017.
The woman told Zisengwe that Gomaseb had asked if he could walk with her, but she declined, saying "no".
Ignoring her response, he ran after her, kicked her to the ground, pulled her up and pushed her against a tree.
She told the court she fought him off twice, but on the third attempt, he managed to rape her.
Gomaseb was also arrested in 2009 at the age of 15 on a charge of rape of a young girl.
He was incarcerated and spent a year and a half in custody.
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