Former Eastern Cape cop gets 20 years for raping teen at police station

Thembinkosi Gqeku.
Thembinkosi Gqeku.
Image: SUPPLIED

A disgraced Eastern Cape cop who raped a 17-year-old girl inside a police station in August 2022 was sentenced to 20 years' imprisonment on Friday.

Former Sergeant Thembinkosi Gqeku, 50, was found guilty by the Qumrha regional court earlier this week.

Gqeku raped the girl inside the detectives' office at the Kei Mouth police station.

The sentence was confirmed by National Prosecuting Authority (NPA) spokesperson Luxolo Tyali.

He had previously instituted a R3.5m civil lawsuit against the NPA for malicious prosecution after the initial withdrawal of the matter.

“The withdrawal was necessitated by the complainant's inability to express herself well during consultation with the prosecution due to trauma,” Tyali said.

“She had to undergo psychological and clinical therapy before the matter could be re-enrolled.”

Tyali said on the day of the incident, Gqeku, who was on duty driving a state vehicle, picked up the victim from a nearby shop in the sleepy town.

“He took her under the pretence that he was to take an additional statement from her for a domestic violence case she had opened against her ex-boyfriend,” Tyali said.

“Once inside the office, Gqeku closed the door and proceeded to rape the petite victim on top of a table.”

The young woman managed to fight back, injuring him on the head with an empty bottle, and ran to the charge office screaming.

She identified the alleged perpetrator, but regrettably, his on-duty colleagues, including the then-acting station commander, failed to effect an arrest.

One officer reportedly mocked the victim, asking if she was high on drugs again.

Gqeku was only arrested 10 days later by the Independent Police Investigative Directorate (IPID).

During the trial, Gqeku pleaded not guilty, claiming to have been a victim of assault by the victim, who was allegedly on drugs.

However, senior public prosecutor Thango Pangalela led the evidence of the complainant, a police officer who was on duty and a medical professional from the Cecilia Makiwane Hospital Thuthuzela Care Centre (TCC).

Through skilful cross-examination, the state managed to disprove Gqeku's version.

The medical report submitted by the state also excluded the use of drugs by the complainant.

Delivering the sentence, magistrate Joseph Govuza agreed with the state that the aggravating circumstances were insurmountable.

Gqeku had used a state vehicle, taken the victim to the police station and raped her in an office while there were other people inside the police station.

The victim, who was the same age as Gqeku's son, had gone to the police station believing it was the safest place to be.

Gqeku has since quit the police service and had been working as a security guard until his conviction.

In the victim impact statement, prepared by court preparation officer Vuyelwa Beyaphi, the victim stated that she now hates the police and cannot even withstand their sight.

“The state asked the court to deviate from the prescribed minimum sentence of 15 years' imprisonment by adding five more years because Gqeku had brought the whole criminal justice system into disrepute,” Tyali said.

“The court agreed and concluded that he was an unrepentant and unremorseful person whose conduct on the day was extremely outrageous.”

The family of the survivor told the Dispatch that they are relieved justice has been served and that it will now help their daughter find closure.

“It feels good that we finally received justice,” a relative said.

“She is happy because, for the longest time, she was short-tempered and isolated.”

“Now that justice has been served, it will bring her closure.”

Eastern Cape director of public prosecutions Barry Madolo commended the prosecuting team and investigators for their work in securing justice for the victim.

Ipid provincial head Bongiwe Tukela also welcomed the sentence handed down to Gqeku.

Community safety MEC Xolile Nqatha praised the court ruling.

“As the government works hard to restore public confidence in public institutions, we strongly believe that the judgment will send a strong message to the police that the mission to eliminate corrupt and unethical officers within the institution is irreversible,” Nqatha said.

“I also want to commend the diligence and commitment of the team handling this case for ensuring that the victim receives justice and closure.”

Daily Dispatch 


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