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At face-value, Johannes Kleinhans looks like a model citizen; he is a successful business man who is influential in the corporate world. But it turns out he is also a hebephile.
His sadistic advances began when he befriended his victims and their families. Once he had gained their trust, on an emotional level, he then offered his new friends financial assistance in the form of school fees, groceries and occasionally he’d throw in a gift or two.
With the evidence presented by the State, Kleinhans sounds like the quintessential sexual predator who gradually lures his victims, gains their trust by providing emotional and financial security and then closes the trap.
He’s a seasoned predator who, despite his prominence and wealth, is a harmful member of society. But the Western Cape High Court doesn’t think this man is a danger to society.
In January 2013, Johannes Kleinhans was convicted of 95 counts, including the manufacturing of child pornography, the sexual assault of three girls and sexual grooming.
The Parow Regional Court sentenced him to 15 years imprisonment and this was warmly accepted by the NPA who hoped that the sentence would give the victims and their families closure and a sense of justice being served. However, this feeling of justice was short lived.
News24 reports that the sexual predator has had his sentence reduced from 15 years to a meagre 4 years. The decision to shorten Kleinhans’s term came after the Western Cape High Court that a man of his age (75) is too old to withstand prison time and none of the crimes he was convicted for “...involved any significant element of physical violence or injury”.
In this instance, the court fails to consider the psychological implication of sexual abuse. Kleinhan’s victims were between the ages of 13- 15, they were in that stage of their lives when they were budding into sexuality; learning to understand the changes their bodies were going through as their bodies began maturing into adulthood.
The Kleinhan's case isn't unique. In 2013 Juan- Jacque Filips (20) appeared before The Parow Regional Court for sexually assualting a teenage girl while she was sleeping. In this case, Filips was shown mercy because he would 'benefit' more from a welfare programme which focused on the rehabilitation of sexual offenders. He would only be sentenced if he failed to attend and complete the programme in a way that pleased the court.
Filips was given a second chance because at the age of 20, he could still turn his life around.
Sexual abuse, especially when experienced at a young age can cause psychiatric disorders and even trigger episodes of PSTD, depression, suicide and a host of other behavioural problems.
There is a shame and guilt that sexual victims carry with them that in the end can be more harmful than the ‘physical violence or injury’ they would have received from their abusers.
At the end of the day the justice system is meant to hold the interests of the victim and society. Reducing this man’s sentence is not in the best interests of the victims and definitely not society. We can’t predict the future, but what if after he’s released from his four year sentence he sexually assaults and kills his next victim.
Will the court find an excuse for him again, and others like him or is a criminal offence in South Africa determined by how many lives you have physically claimed?
If Kleinhans is too old for prison, then the High Court should be reminded that these girls were ‘too’ young to be abused (not that there’s an appropriate age for such)
In addition to reducing his sentence, the High Court further ordered Kleinhans to attend a 36-month sexual offenders’ programme and he is not allowed any 'unsupervised contact with any female children' other than his 10 grandchildren.
His sadistic advances began when he befriended his victims and their families. Once he had gained their trust, on an emotional level, he then offered his new friends financial assistance in the form of school fees, groceries and occasionally he’d throw in a gift or two.
With the evidence presented by the State, Kleinhans sounds like the quintessential sexual predator who gradually lures his victims, gains their trust by providing emotional and financial security and then closes the trap.
He’s a seasoned predator who, despite his prominence and wealth, is a harmful member of society. But the Western Cape High Court doesn’t think this man is a danger to society.
In January 2013, Johannes Kleinhans was convicted of 95 counts, including the manufacturing of child pornography, the sexual assault of three girls and sexual grooming.
The Parow Regional Court sentenced him to 15 years imprisonment and this was warmly accepted by the NPA who hoped that the sentence would give the victims and their families closure and a sense of justice being served. However, this feeling of justice was short lived.
News24 reports that the sexual predator has had his sentence reduced from 15 years to a meagre 4 years. The decision to shorten Kleinhans’s term came after the Western Cape High Court that a man of his age (75) is too old to withstand prison time and none of the crimes he was convicted for “...involved any significant element of physical violence or injury”.
In this instance, the court fails to consider the psychological implication of sexual abuse. Kleinhan’s victims were between the ages of 13- 15, they were in that stage of their lives when they were budding into sexuality; learning to understand the changes their bodies were going through as their bodies began maturing into adulthood.
The Kleinhan's case isn't unique. In 2013 Juan- Jacque Filips (20) appeared before The Parow Regional Court for sexually assualting a teenage girl while she was sleeping. In this case, Filips was shown mercy because he would 'benefit' more from a welfare programme which focused on the rehabilitation of sexual offenders. He would only be sentenced if he failed to attend and complete the programme in a way that pleased the court.
Filips was given a second chance because at the age of 20, he could still turn his life around.
Sexual abuse, especially when experienced at a young age can cause psychiatric disorders and even trigger episodes of PSTD, depression, suicide and a host of other behavioural problems.
There is a shame and guilt that sexual victims carry with them that in the end can be more harmful than the ‘physical violence or injury’ they would have received from their abusers.
At the end of the day the justice system is meant to hold the interests of the victim and society. Reducing this man’s sentence is not in the best interests of the victims and definitely not society. We can’t predict the future, but what if after he’s released from his four year sentence he sexually assaults and kills his next victim.
Will the court find an excuse for him again, and others like him or is a criminal offence in South Africa determined by how many lives you have physically claimed?
If Kleinhans is too old for prison, then the High Court should be reminded that these girls were ‘too’ young to be abused (not that there’s an appropriate age for such)
In addition to reducing his sentence, the High Court further ordered Kleinhans to attend a 36-month sexual offenders’ programme and he is not allowed any 'unsupervised contact with any female children' other than his 10 grandchildren.
