DAUGHTER RAPIST'S SENTENCE NEARLY DOUBLED.

An Elsies River man convicted two years ago for raping his 14-year-old daughter had his sentence increased from seven to 12 years in the Supreme Court of Appeal in Bloemfontein on Friday. The court criticised Cape High Court judge John Foxcroft for failing to attach sufficient weight to a number of aggravating factors, but agreed it would be unjust to impose the minimum life sentence prescribed for raping girls younger than 16. "I agree with Judge Foxcroft that this is not one of the worst cases of rape," Appeal Judge Edwin Cameron said in a unanimous judgment. "This is not to say that rape can ever be condoned. But some rapes are worse than others, and the life sentence ordained by the legislature should be reserved for cases devoid of substantial factors compelling the conclusion that such a sentence is inappropriate and unjust." Foxcroft correctly found there were such factors in this case, but misdirected himself in weighing them, Cameron said. He omitted to consider as an aggravating factor the man's sexual jealousy of his daughter, and the fact that he told her after the rape she was now free to have sex with others. He was 53 at the time. "What is clear is that the accused was determined to precede other young males in any possible carnal access to his daughter," Cameron said. "This attitude reflects an approach to women, and to daughters in particular, as objects or chattels not merely to be used at will, but once the first entitlement has been exercised to be discarded for similar use by others." For a father to abuse his position of authority and command over his daughter to obtain forced sexual access to her body constituted a deflowering of the most grievous and brutal kind, Cameron said. He found that Foxcroft had also given insufficient weight to the after-effects of the rape on the girl. According to evidence, she changed from a diligent student to a rebellious, disobedient and aggressive girl who ...