KIMBERLEY – The High Court in Kimberley has dismissed an appeal by Stefaans Dickson against his conviction and life sentence for the rape of an 11-year-old boy in January 2019.
Dickson (26) was convicted on 5 August 2024 and sentenced to life imprisonment on 12 December 2024 for the rape of the child at Platfontein outside Kimberley.
In a judgement delivered on 19 September this year, Judges Cecile Williams and Almé Stanton ruled that the trial court had properly applied the law. They found no substantial and compelling circumstances existed to justify deviating from the prescribed minimum sentence of life imprisonment.
Medical, DNA evidence
The court heard that on the evening of 12 January 2019, Dickson sent the 11-year-old complainant to fetch a lighter from his grandmother. When the child brought the lighter to Dickson’s residence, he was asked to enter the house to fetch an item. Once inside, Dickson assaulted and raped the boy.
The child’s grandmother arrived at the scene after hearing screams. She kicked open the door, finding the appellant pulling up his trousers whilst the child was on the bed. Dickson fled the scene.
Medical evidence from Dr F. Mokoya confirmed the assault, with the child sustaining fresh tears to his rectum associated with forceful penetration, and marks on his neck resembling strangulation. DNA evidence later confirmed Dickson’s involvement.
Defence arguments rejected; alibi failed
Dickson’s defence team, led by Adv. K.K. Biyela, argued that the child witness and his grandmother were not credible due to inconsistencies between their written statements and oral testimony. They also claimed the life sentence was “shockingly inappropriate.”
The court found that despite minor contradictions in testimony, the evidence as a whole was compelling. The court noted that the child victim knew Dickson well, making identification reliable, and that medical evidence corroborated the child’s account.
Dickson had claimed he was elsewhere at the time with his girlfriend. The court found his alibi unconvincing, particularly as he failed to call his alleged alibi witness to testify and only raised this defence late in proceedings.
Dickson was not a first offender, having previous convictions for both rape and murder. This weighed heavily against finding substantial and compelling circumstances to reduce the sentence.
Whilst Dickson’s legal team argued that delays in his trial (he spent four years and nine months in custody awaiting finalisation) should constitute grounds for a reduced sentence, the court ruled that pre-trial detention alone was insufficient to justify departing from the minimum sentence.
Strong deterrent message
Judge Stanton, writing for the court, emphasised the serious nature of child rape offences and society’s need for appropriate deterrent sentences.
The judgement referenced previous Supreme Court of Appeal decisions describing rape as “a horrifying crime” and child rape as “far more horrendous.”
Dickson was represented by Legal Aid South Africa. Adv. S.K. Weyers-Gericke prosecuted.
