| Fifteen years direct imprisonment imposed on offender for sexual assault against elderly and possession of child pornography | |
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| Date Published | |
| 2022/01/18 | |
| Details | |
Media Statement EDEN CLUSTER - The Provincial Commissioner of the Western Cape, Lieutenant General Thembisile Patekile has welcomed the hefty sentences imposed on 37-year-old Mark Labuschagne in the Mossel Bay Regional Court yesterday, Monday, 17 January 2022. He was convicted on three counts relating to the contravention of the Sexual Offences Act as well as the Films and Publication act, namely Sexual Assault and Masturbation in public, forcing an elderly female victim to witness it and the possession of child pornography. The judgement was handed down by Magistrate Francis Makamandela whilst State Prosecutor Helga Goosen represented the State. The magistrate did not play around or mixed her words when she said that the country is captured by a scourge of violent Sexual offences and sexual exploitation that target the most vulnerable of all, our elderly women and children, who are not able defend themselves. She expressed her disgust with the deeds perpetrated by the accused, impeding the rights and dignity in this case, of a 96-year-old lady whom he sexually assaulted and a 79-year-old lady in front of whom he exposed himself and masturbated whilst she had to look on. Being placed in a position of trust as caretaker and general worker at a retirement village in Mossel Bay, the magistrate expressed her notion, with all factors taken into account, to regard his position of trust and irrespective of, by self-admission being intoxicated, as aggravating circumstances and thus ordered that the sentences on the three counts do not run concurrently. As such, she sentenced him as follows; Charge 1- Sexual Assault - five years direct imprisonment Charge 2- Exposure/ Self masturbation - three years imprisonment and Possession of Child Pornography - seven years imprisonment. The magistrate ordered that the sentences do not run concurrently, meaning that he was effectively sentenced to 15 years direct imprisonment. She further ruled that the accused, Mark Labuschagne’s name be recorded in both the Sexual Offences Register and the Abuse of Elderly Persons Register. In addition he was declared unfit to possess a firearm, also unfit to work with children. The magistrate took into account that the accused had been incarcerated since October 2020 when he was arrested by members of the Mossel Bay Family Violence, Child Protection and Sexual Offences Unit when the initial allegations came to light he then faced four charges relating to the Contravention of the Sexual Offences Act, but the first charge was withdrawn. During his arrest, members confiscated his cellphone and discovered child pornography images on his phone for which he was charged. The Western Cape Provincial management has commended the investigating officer and those who had assisted him for their dedication and commitment which led to the arrest and subsequent conviction of the accused. The Provincial Commissioner was pleased with the harsh sentences and hope that it will deter potential criminals from committing similar offences against our most vulnerable. This also demonstrate the commitment of SAPS, NPA and the Judiciary to bring justice to the people of this country, especially those that are marginalised and found themselves on the periphery of society. Ends
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