S v Chapman

• Jurisdiction: South Africa

S v Chapman
1997 (3) SA 341 (SCA)

1997 (3) SA p341

Citation	1997 (3) SA 341 (SCA)
Case No	345/96
Court	Supreme Court of Appeal
Judge	Mahomed CJ, Van Heerden JA and Olivier JA
Heard	May 22, 1997
Judgment	May 22, 1997
Counsel	J C Marais for the appellant; A A De Lange for the State

Flynote : Sleutelwoorde G

Criminal law — Rape — Sentence — Rape a very serious offence — Is humiliating, degrading and brutal invasion of privacy, dignity and person of victim — Rights H to dignity, privacy and integrity of person basic to ethos of Constitution — Women entitled to protection of those rights — Courts under duty to send clear message to rapists, potential rapists and community that Courts determined to protect equality, dignity and freedom of all women — No mercy to be shown to I those seeking to invade those rights — Sentence of seven years' imprisonment on each of three counts of rape, sentence on first count running concurrently with sentences imposed on second and third counts (effectively 14 years' imprisonment), confirmed on appeal.

Headnote : Kopnota

Rape is a very serious offence, constituting as it does a humiliating, degrading and brutal invasion of the privacy, the dignity and the person of the victim. J

1997 (3) SA p342

The rights to dignity, to privacy and the integrity of every person are basic to the ethos A of the Constitution and to any defensible civilisation. Women in South Africa are entitled to the protection of these rights. They have a legitimate claim to walk peacefully on the streets, to enjoy their shopping and their entertainment, to go and come from work, and to enjoy the peace and tranquillity of their homes without the B fear, the apprehension and the insecurity which constantly diminishes the quality and enjoyment of their lives. The Courts are under a duty to send a clear message to the accused in the present case, to other potential rapists and to the community that the Courts are determined to protect the equality, dignity and freedom of all women, and they will show no mercy to those who seek to invade those rights. (At 344I/J-345B and 345C/D-D.) C

In the present case the Court dismissed the appellant's appeal against his conviction on three counts of rape and the sentence of seven years' imprisonment imposed on each of the counts, the sentence on the first count having been ordered to run concurrently with the sentences imposed on the second and third counts (ie an effective sentence of D 14 years' imprisonment). The Court, in dismissing the appeal against the sentences, pointed out that the appellant had shown no respect for the rights of the complainants; he had prowled the streets and shopping malls and in a short period of one week had raped three young women who were unknown to him; he had deceptively pretended to care for them by giving them lifts and had then proceeded to rape them callously and brutally, after threatening them with a knife; and at no stage had he shown the slightest remorse. (At 345D/E and 345B/C-C/D) E

Case Information

Appeal from a decision in the Cape Provincial Division (Van Deventer J and Prest AJ), dismissing an appeal from convictions and sentences in a magistrate's court. The facts appear from the judgment of the Court.

J C Marais for the appellant. F

A A de Lange for the State.

Counsel on both sides referred to the following authorities:

Motor Vehicle Assurance Fund v Kenny 1984 (4) SA 432 (E) at 435D-F

R v Abdoorham 1954 (3) SA 163 (N) at 165E

R v De Villiers 1944 AD 493 at 508-9 G

R v Karg 1961 (1) SA 231 (A) at 236A-C

R v Turnbull and Others [1976] 3 All ER 549 (CA)

S v A and Another 1994 (1) SACR 602 (A)

S v B 1985 (2) SA 120 (A) at 123C-124H, 125A and E

S v B 1991 (1) SACR 405 (N) at 406h-i H

S v Blank 1995 (1) SACR 62 (A) at 76d, 77b

S v Chonco 1991 (1) PH H66 (A)

S v Collett 1990 (1) SACR 465 (A)

S v D 1991 (2) SACR 543 (A) at 546e-f

S v D 1995 (1) SACR 259 (A) at 261c, 263g-h

S v De Jager and Another 1965 (2) SA 616 (A) at 629A-B I

S v F 1989 (3) SA 847 (A)

S v Francis 1991 (1) SACR 198 (A) at 204e

S v Green 1962 (3) SA 886 (A) at 894F-G

S v Kelly 1980 (3) SA 301 (A) at 308E-G

S v Kubeka 1982 (1) SA 534 (W) at 536D-F, 537H

S v Lebogang 1980 (4) SA 236 (O) at 240B-C J

1997 (3) SA p343

S v Letsoko 1964 (4) SA 768 (A) at 775A-B A

S v Lister 1993 (2) SACR 228 (A) at 232a-h

S v M 1985 (1) SA 1 (A) at 4A

S v M 1992 (2) SACR 188 (W) at 193(e), 194g-i

S v Magubane 1975 (3) SA 288 (N) at 291G-H

S v Maseko 1982 (1) SA 99 (A) at 102 B

S v Mehlape 1963 (2) SA 29 (A) at 32A-D

S v Mkhole 1990 (1) SACR 95 (A) at 98f-g, 100e

S v Mlumbi 1991 (1) SACR 235 (A) at 247f-g

S v Mthetwa 1972 (3) SA 766 (A) at 768A-C

S v Munyai 1986 (4) SA 712 (V) at...