Rapist’s prison term increased after appeal

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Maria Amakali

Windhoek-A 37-year-old Swakopmund resident who had appealed his 17-year sentence for two counts of rape suffered even a heavier blow on Friday when the Windhoek High Court increased his sentence to 20 years.

Theophilus Ndemufayo appealed the sentence of the Swakopmund Regional Court, stating that the sentence was too harsh and that he was wrongfully identified by the victims.

Ndemufayo was found guilty of two counts of rape and one count of robbery with aggravating circumstances.

In his appeal Ndemuyafo, who was 23 when he committed the crimes, asked the court to take into account that material facts, according to him, overemphasised the importance of other facts.

Between April 27 and May 21, 2003 Ndemufayo attacked his victims at night in an open space near a local bar in Tamariskia, Swakopmund.

According to the court, Ndemufayo on two separate occasions used a traditional knife to force the victims to comply with his sexual demands.

The common denominator in the rape charges is that on both occasions Ndemufayo first asked for money from his victims and upon being informed that they had none on them pulled out a knife to instil fear in them and later sexually assaulted them.

He allegedly informed them that if they refused his demands he was going to kill them.
Judge Christie Liebenberg explained that the court had to re-examine the evidence. The evidence was that the accused was positively identified by the two victims and further by two witnesses.

Furthermore on the day of his arrest Ndemufayo was found with the traditional knife as described by the victims.

“The court found the complainants’ evidence to be credible and reliable,” explainedthe judge.

But the court ruled that the appeal against the sentence is upheld insofar as the sentences imposed on counts 1 to 3 are set aside and substituted with a 15-year imprisonment for count 1 (rape), 15 years for count 2 (rape) and five years for count 3 (robbery). Ten years of count two will be served concurrently with the sentence for count 1.

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