The accused was charged and convicted on two separate counts of rape for raping two 15-year-old girls more than once and sentenced to six years imprisonment on the first and ten years imprisonment on the second count. On appeal, the defense was put forward that the sentence was too severe because of mitigating circumstances in that the victims did not suffer serious physical or psychological injuries and that both victims had previously been sexually active. The Court dismissed the appeal and held that the sentences were, in fact, too lenient, especially as the victims' previous sexual history was irrelevant and also that the extent of harm to the victims matters less because rape is a basic violation of dignity. The sentence was increased to 8 years for the first count and 12 years for the second.
State. v. Mahomotsa