State pushes for life term for HIV rapist soldier

The state wants SA National Defence Force soldier Leon Santos Conga to be sentenced to life imprisonment for raping and intentionally infecting his girlfriend with HIV. Conga, who was found guilty of rape and attempted murder in June, will be sentenced by the Pretoria Magistrate's Court on 25 September, a News24 report notes. State prosecutor Emile van der Merwe has asked that Conga be sentenced to life imprisonment. Arguing in aggravation of sentence on Monday, Van der Merwe said Conga's crimes were so heinous, and the damage done to the victim so grave, that he should not get any sympathy. In his heads of argument, Van der Merwe said: ‘It is indeed a case where mercy to the accused equals cruelty to the complainant and the community at large.’ ‘ ... she went through trauma during the incident, then again when she tested positive for HIV, then to her family, then again when the matter was reported to the (police), who at first refused to take her complaint and who humiliated her. Eventually, when she managed to open a case, again when she consulted the first prosecutor, and again when the prosecutor withdrew the case against the accused in 2017.’ After struggling to report the matter, AfriForum's private prosecution unit took her on as a client. The court also referred to the victim's impact statement, which detailed how being infected with HIV had affected her emotionally and physically. He further said that Conga never took responsibility for his crimes and was, therefore, not susceptible to reformation. Van der Merwe asked that the court sentence Conga to life imprisonment for both the rape and attempted murder convictions.

Conga was found guilty of raping his then-girlfriend under false pretences, as he did not disclose his HIV status to her. Conga was also found guilty of intentionally attempting to kill the victim by having unprotected sexual intercourse with her while being HIV-positive, News24 notes. According to the charge sheet, the couple had consensual and unprotected intercourse on several occasions between December 2016 and April 2017. However, the consent was conditional in that the complainant only agreed to have sex with Conga on the understanding he was HIV-negative. During their relationship, Conga never revealed his HIV status to her. In her judgment, Magistrate Fikiswa Ntlathi said Conga was aware of his status and the implications thereof. ‘Despite having all the information, he knowingly failed to disclose his HIV-positive status to his former partner, who is the complainant in this matter,’ Ntlathi added. ‘He thereby misled the complainant into engaging in sexual activities, knowing full well she was HIV-negative at the time.’ ‘He removed the condom during sexual intercourse without her consent; the accused was well aware that this is an incurable disease, (the) life span becomes reduced, and it is also a fatal disease,’ she said. The victim tested positive for HIV in April 2017.