Maria Amakali

A 37-year-old man, currently serving a 20-year sentence for raping a woman after ambushing her at her home in Windhoek, has appealed to the High Court to reconsider his sentence. 

Jan Vleermuis is claiming the Windhoek Regional Court erred when it imposed a 20-year sentence on him without properly taking into account that he is a first-time offender and was a young man at the time the offence was committed. 

Furthermore, he said the court did not take into account that he is a father with responsibilities toward his children and elderly parents. 

It is his argument the sentence imposed is harsh and shocking and no reasonable court would impose such a sentence. He further claims the court weighed heavily on the deterrence effect and ignored other mitigating factors in his favour. The Windhoek Regional Court convicted Vleermuis on a charge of rape for sexually violating a 20-year-old woman on 24 January 2010.

The court rejected his version that the victim opened a case of rape against him because he refused to be in a monogamous relationship with her. 

Vleermuis said at the time of the offence, he was in a relationship with the mother of his children, whilst also seeing the complainant. Relatives and members of the community knew about their relationship.  During the trial, he testified that on the date in question, he and the victim discussed the status of their relationship after they had consensual sex, where he informed her that he was not going to leave the mother of his children.  As he was allegedly ready to leave the complainant’s house, she allegedly started crying and threatened to accuse him of rape. But the court said Vleermuis version is an afterthought, which the court cannot entertain, as there is no evidence or witnesses corroborating his version.  

The court noted the victim’s version of events was verified by medical reports, which indicated that there was forceful penetration, which is inconsistent with a willing partner.  

The investigating officer and her aunt further corroborated her version. According to the victim’s testimony during the trial, in the wee hours of 24 January 2010, she allegedly returned home after having spent the day at her aunt’s house.  

While she was busy locking the house door, an unknown man started forcing himself through the door. She allegedly enquired about who he was and what he wanted.  He allegedly informed her that he has been looking for her. It was the victim’s testimony that during the interrogation, the man pushed her inside the house and started assaulting her. He allegedly pulled out a knife, grabbed her by her jacket, and threw her on the couch where he allegedly forcefully had sex with her.  

After raping the victim, Vleermuis fled only to be arrested later. Appeal judges Dinah Usiku and Herman January will hear the matter on 13 May. The State has since indicated its intention to oppose the appeal. 

– mamakali@nepc.com.na