The problem with leniency in matters relating to sex offenders is that it creates a trend that is difficult to break until some learned judge decides that he has had enough and reverses it.
Yesterday Cézanne Visser (Barbie) was sentenced to 7 years in prison having been found guilty of 11 sex-related charges, including indecently assaulting two teenage girls and soliciting a teenager to commit indecent acts; indecently assaulting two women and benefiting from the indecent assault of a third; defrauding a children’s home and possession and manufacturing of child pornography.
While leave to appeal was denied Visser by the court a quo, her legal team now intends petitioning the Supreme Court of Appeal for leave and pending that application she has been granted bail in the sum of R10 000.
Accordingly a multiple-conviction sex-offender who has been denied leave to appeal by the court is given bail by the same court.
On Thursday a teacher accused of raping a 13-year-old grade eight pupil, will be applying for bail in the Aliwal North District of the Eastern Cape.
The accused was arrested in Dukathole township on Monday.
According to police it began two weeks ago when the 36-year-old teacher started telling the pupil that he loved her which scared her out of returning to school. On Saturday the girl accompanied by friends was passing by a tuck shop on their way to church when they encountered the teacher.
He then allegedly demanded that she get into his motor vehicle, promising to drop her off at church. Instead he drove off in a completely different direction with the girl unable to alert passers-by due to the car’s tinted windows.
He then allegedly took her to a deserted area where he raped her and instructed her not to tell anybody about what had happened.
The child then laid charges of rape on Monday whereafter the teacher was arrested immediately. His matter was remanded on Wednesday to a date for the hearing of a bail application.
In the case of the teacher he is — by law — innocent until proven guilty beyond a reasonable doubt. Accordingly an innocent man in theory is about to apply for bail. Advocate Barbie has been convicted of multiple charges relating to sex offences and sentenced to 7 years in prison.
In dealing with bail the key issue has to be whether the accused is a flight risk or is considered a safe bet to stand their trial. In addition regard must be had to the nature of the offences and protecting the interests of society.
In terms of allowing those accused charged with offences like rape and murder bail there needs to be exceptional circumstances which show that it is in the interests of justice that bail be granted. Unfortunately our case law has blurred that to the extent that almost everyone lands up having exceptional circumstances.
This needs to be tightened up because in charges such as rape and murder the public want to know that the suspects are out of harm’s way. Exceptional circumstances should only apply in instances like a solid alibi.
In terms of flight risk the court in the case of Advocate Barbie in all likelihood had regard to the fact that she had stood her trial. With the humblest of respect that was before she was facing a confirmed 7 years in prison. Now convicted of 11 charges and a definite sentence she must pose a significant flight risk.
In the case of the teacher — innocent until proven guilty — how do you now incarcerate him pending trial? This could result in 2 years plus in jail with an acquittal at the end of it.
The problem is inconsistency.
In both cases — unless the teacher has a way of showing it could not possibly be him or true — bail should not be granted.
If you want to send a message that the criminal justice system does not tolerate sexual attacks on minors then the courts have to be seen to be firm and consistent in their approach.
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