The stark reality of sexual violence was underscored in the Northern Cape High Court recently where society was reminded that the crime of rape remains a harrowing violation that shatters lives and communities.
Patrick Visagie, a convicted rapist, had failed in his appeal bid against his double life sentences after the court found there were no compelling circumstances to deviate from the prescribed minimum sentences.
According to Judge Albert Nxumalo, offender Patrick Visagie showed that he is an “inherently lawless character” having had several brushes with the law before he turned 18.
Visagie, who pleaded guilty to the charges against him, is currently serving two concurrent life sentences for the rape of two women, and was sentenced in the Kimberley Regional Court.
Judge Nxumalo said: “The crime of rape is repulsive. Rapists invade the most private and intimate zone of a person and strike at the very core of his or her personhood and dignity. Rapists humiliate, degrade and brutally invade their victims’ privacy, dignity and personhood.
“It is an appalling and utterly outrageous crime, attaining nothing of any worth for the perpetrators but inflicting terrible and horrific suffering and outrage on the victims and their families. Rape is indeed a crime that not only violates the body and mind of the complainant, but also profoundly vexes and wounds the soul.
“The facts pertaining to these two counts speak for themselves. They state unequivocally that the appellant showed no respect for the victims’ rights. He prowled the streets and raped two young women who were unknown to him. He raped them callously and brutally, after threatening them with a knife,” said Nxumalo.
Visagie also faced five counts of robbery with aggravating circumstances and five counts of kidnapping.
Visagie, in his appeal, submitted that the trial court erred when it found that no substantial and compelling circumstances existed to deviate from the prescribed minimum sentences of life imprisonment.
In the one rape charge Visagie had faced, he and a co-accused accosted the complainant with a knife in the early hours of March 17, 2018, near Kimberley, when she stopped at a traffic light.
The judgment read: “He wielded the said knife at her and threatened to stab her if she did not co-operate with them. He and his co-accused then jumped into the complainant’s vehicle and drove off with the complainant squashed between them.”
The pair then drove off with the woman, had her drive to a secluded area where they both raped her.
In the second rape charge, Visagie raped his victim thrice without a condom.
Through victim impact reports, the trial court heard the effects the rapes had on their wellbeing where the first complainant was diagnosed with depression, and the second victim had to seek psychiatric treatment and was hospitalised for a period of three weeks due to post-traumatic stress; she suffered panic attacks and developed a dependency on opioids and zolpidem.
In declining Visagie’s appeal, Nxumalo said what was particularly remarkable are the convict’s previous convictions and violation of his parole conditions with regard to same. “These are in my opinion indicative of an inherently lawless character,” said Nxumalo.
Anti-GBV NGO Ilitha Labantu’s Siyabulela Monakale, said they commend the sentences being upheld and said the sentiments from the judge “capture the deep physical, emotional, and psychological trauma inflicted on survivors and reinforce the necessity of severe consequences for such acts of violence”.
“This ruling affirms the justice system’s responsibility to protect survivors and hold perpetrators accountable for their heinous crimes… While this judgment is a victory for justice, much work remains in ensuring that survivors receive the protection, support, and legal recourse they deserve.
“We continue to advocate for survivor-centred policies, strengthened law enforcement responses, and comprehensive prevention strategies to address the root causes of violence against women and children,” said Monakale.
