WARNING- EXPLICIT CONTENT: Man gets 20 years for sexually molesting boy (12)

A Chatsworth casual worker, who lured a young 12-year-old boy from a local park into an abandoned house, was told by a high court judge that his name will be added to the sexual offences register after he was handed a lengthy jail sentence of 25 years.

Thirty-seven-year-old Seelan Chetty pled guilty to the crimes of attempted rape and sexual assault, which he committed on October 7, 2022.

Chetty appeared in the Durban Magistrates Court, last Thursday, where he was sentenced to 20 years for attempted rape and five years imprisonment for sexual assault with an effective imprisonment of 20 years. In court, Magistrate Khuzwayo explained to the accused that in law, as it stands, a person that is charged with attempting to rape is liable to be punished with the same penalties of rape. “The penalty for raping a minor could be life in prison, could be 15 years, 20 years, people normally think that ‘if I didn’t do it, I’m less guilty than one who did’,” she said.

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Chetty’s attorney read out his plea to the court, which gave insight into the unbelievably sick actions and thought processes he possessed at the time.

His plea stated, ‘I, Seelan Chetty, hereby plead guilty to the charges laid against me, that of the intent to commit a sexual offence, and that of sexual assault, as explained and read to me. I plead guilty to all charges against me, freely, voluntarily, in my sound senses without any undue influences. I plead guilty on the following case: With regards to count one, attempt to commit a sexual offence on the 7th of October, 2022. I was in Bayview, in the region of KwaZulu-Natal. I was sitting in the park. While sitting in the park, I noticed the complainant, an unknown minor male, playing by the slides. I decided to approach the complainant. I asked him to accompany me to a nearby abandoned house. Upon arrival, I then grabbed the complainant, closed his mouth with my hand, and pulled down both his pants together with his underwear. I then became sexually aroused as I took out my penis and I was about to insert my penis into his bum, I ejaculated. At that point, the complainant wanted to run away. I admit that at all times while I was convincing the complainant to come with me, I wanted to have sex with him, and had he not escaped me, I probably would have been able to have sex with him. With regards to count two, sexual assault, on the same date, time and place, as mentioned in count one, while still with the complainant, after ejaculating on the complainant, I did beg him to allow me to suck his penis. Due to my excited mind, I did not get to hear his response to my request, so I decided to suck his penis, and at that point, the complainant managed to pull away from me and escaped my grasp, he fled. At all times, I admit that I was attempting to commit a sexual offence by attempting to have sexual intercourse with the complainant, by attempting to insert my penis into his bum, and when I managed to suck his penis, I was committing an act of sexual assault. I admit that all my actions were wrong and unlawful, and I have no defence in law for my actions. I am remorseful for allowing my sexual urges to take control over my reasoning, for attempting to commit a sexual offence against the complainant, and for sexually assaulting the complainant. I am remorseful for my behaviour, as it has dawned on me that my actions on the complainant will have the effect of emotionally scarring and I hope he can get help.’

Before the state accepted the plea, Chetty signed and confirmed the statement.

Although there was initial confusion as to why there were two charges, it was quickly said that the accused confirmed that the period of begging happened after the first act and before the second. State advocate, Cheryl Pillay, included the fact that this is not the first time that Chetty had been charged with and been imprisoned for similar crimes on multiple occasions, continuing that the state opposes the application based on the accused’s previous convictions explaining that he has a tendency for committing such crimes.

When being questioned by his attorney, Chetty mentioned that he had been living in Croftdene with his uncle, his parents had died in 2014, that he had only completed schooling to grade 10, due to behavioural problems and fighting and that he had maintained his living by working casual jobs including gardening and washing vehicles, for which he earned R100 a day.

When asked about his health, however, he said that he was not good and had been diagnosed with schizophrenia and epilepsy, which are managed by medication.

Chetty then appealed to the court to be sent to a rehab centre, explaining that he also has a drinking problem as well as substance abuse.

In conversation with Magistrate Khuzwayo, the accused explained that he had been diagnosed with schizophrenia. Magistrate Khuzwayo then questioned the relevance of his mental disorder, explaining that he was committed both before and after his diagnosis by the court, what makes it different now? “Why is it relevant now? Do not think I am being harsh, I am not. I have to know because you are asking,” stated Magistrate Khuzwayo.

Chetty’s attorney said in court, “It is my humble suggestion to admit that my client is indeed not a first-time offender, and he is aware of the consequences of such. My plea to this court is that this court exercises its discretion and grants us an appropriate sentence that also promotes all the fears of sentencing taking into account that not only needs to have retribution, however, is still expected to rehabilitate and those, who are like-minded are also expected to show that such behaviour will not be tolerated by our defence.”

Advocate Pillay retorted that crimes of this nature are so prevalent throughout this country.

“The court describes sexual assault as humiliating, degrading, and an invasion of the dignity of the person. This accused forcibly took the child into an abandoned building and sexually violated him. The accused’s actions are barbaric and despicable, the accused preyed on the vulnerability of his victim. This is not a mere crime committed against this child, it is a crime committed against society, more especially the innocent and vulnerable. The accused has shown remorse, but this should not detract from the seriousness of this offence, which outweighs the personal circumstances of this accused. This is not the accused’s first encounter with the law. He does have previous convictions for the same criminal offence. The previous sentences imposed by the courts have not deterred this accused in any way and he has not learnt the lessons from his previous sentences. By him being released to walk the streets poses a risk and threat to young, innocent children. I have the privilege of working as a case manager for the Thuthuzela Care Centre based at the Mahatma Gandhi Hospital for 12 years and on an average basis, we saw 120 to 150 cases of sexual violations per month. This is no joke,” argued Adv Pillay.

Following this, Chetty was sentenced, and was automatically deemed unfit to own or carry a firearm, entered into the registry of sexual offences and was deemed unfit to work with children by the court.

An unsung hero in this story is the man, to who the 12-year-old boy reported the rape, as this man heard the child’s story and located Chetty before apprehending him and taking him to the Bayview SAPS. This man is a logistics handler at Toyota, Sherwin Reddy, and explained his side to the Rising Sun.

“I had been driving and had to take an urgent call so I pulled off to a local carwash when the boy tapped on my window and communicated using hand signs. I signalled for him to wait as the call was important and I was under the impression he was begging. He then continued tapping my glass and eventually, I asked him what he wanted. This is when he explained that he had been raped. I was in shock and cut the call to clarify what I had heard. He said ‘Help me, I was raped by the 217 ground’. I tried calling the Bayview police three times, but there was no answer. I started questioning him and he told me that he last saw him (the accused) walking down Havenside, so I took him to find this guy. When we eventually found him the child was so afraid that he crouched down in the seat. This man denied having done anything, however, when I told the child to come outside, he was shocked and apologised profusely. I then put the suspect in my car, took a picture of him, and videoed his confession before dropping him off at the police station,” explained Reddy.

The 37-year-old Bayview resident continued, “I saw the child a few times after that, and went to court as well. I have two boys, an eight-year-old and a 13-year-old. I kept thinking that this could have happened to them. I am happy that he has been sentenced and if given the chance to make the decisions I made on that day, I would do it over and over again.”

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Closely working with the victim on the case were Tootsie Francis and SA Outreach and Emergency Services.

“We face many challenges when perpetrators get off easily or with light sentences. This now sends out a strong stern message to perpetrators. We extended our sincere gratitude to Family Violence, Child Protection and Sexual Offences Unit, W/O Samantha Naicker, and her partner for making sure that our victim gets justice. As Child Protection Week ended and Youth Month began, many awareness programmes were run by various stakeholders in primary and high schools enlightening children on how to stay safe and to speak out if someone has wronged them or they don’t feel comfortable with a person. Parents need to pay attention to their children and the whereabouts of their children. Pay attention to changes in behaviour and be more vigilant when it comes to children. Communities must not allow young children to be on the streets walking around aimlessly at night. Remember, it takes a community to raise a child. People needing assistance may call us on our helpline number: 063-405-2322,” said Francis.