Whenever crime statistics are released, one is always appalled at the figures associated with rape and sexual crimes. It becomes even more cringesome when the said crimes are visited on minors and understandably raises indignation when perpetrators get away with the crime.
When rape statistics are announced, the accompanying narrative is often that we are fed up with crime. The frequency of such crimes continue to besmirch the image and reputation of SA as we continue the relentless war against rampant crime that has bestowed on us such dubious titles like world leaders in fields such as murder and rape.
It is in this fashion that every aspect of our law enforcement and justice should be seen to be fighting the war side by side if we are to make any serious advances against scourges such as rape, especially involving children.
But that cannot be said of a Pinetown regional magistrate in KwaZulu-Natal, Bilkish Asmal, who has a worrying tendency of handing shockingly inappropriate sentences to perpetrators of sexual crimes, including rape, against minor children.
Asmal, described in an article by our sister publication Sunday Times Daily, was flagged for among other cases the sentencing of a 36-year-old rapist of a 14-year-old girl to a two-year wholly suspended sentence and ordered him to pay R1,000 "compensation" to the mother of the teenager. The mother was hopitalised and had left the child in the custody of the man, her stepfather.
Asmal, unbelievably, ruled that the teenager had initiated the sexual act with the rapist. The case was taken on review, which ruled that the man be jailed for five years.
Three other similar Asmal matters are headed for the high court on review.
We welcome that some action is being taken against Asmal, and hopefully that would send a clear message of what the court's role should be in the fight against crimes such as these. The victims of these specific crimes in which Asmal presided over have been done more blows consequent to the initial violations and found in her court an unsympathetic ear when they yearned for better.
The law, as it stands today, doesn't criminalise rulings such as these often made by Asmal. Perhaps it is time our criminal justice system looked into that. Such conduct is nothing short of criminal and undermines public confidence in our processes.
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