Herbert Doyle, a 62-year-old Grahamstown resident, was sentenced to five years imprisonment in the Grahamstown Magistrate’s Court on Friday.
Herbert Doyle, a 62-year-old Grahamstown resident, was sentenced to five years imprisonment in the Grahamstown Magistrate’s Court on Friday.
Doyle, a diagnosed paedophile, was facing charges of two accounts of sexual assault.
A case was made against Doyle last year by a young girl who alleged that she had been sexually assaulted by him when she was six years old. Another survivor, currently 25 years of age, also alleged that she had been sexually assaulted by Doyle when she was a young girl.
Local clinical psychologist Dr Karen Andrews testified last year that Doyle has paedophilia – a type of paraphiliac sexual disorder. He showed “recurrent, intense sexually arousing fantasies, sexual urges and behaviours involving prepubescent girls” that occurred episodically over a period longer than six months.
Doyle, who was described by his defense attorney, Mike McCallum, as a "productive member of society", wept openly throughout his sentencing. McCallum went on further to say that since the trial began Doyle has been on "the straight and narrow" and that he was "sincerely remorseful" for what he had done. McCallum urged Magistrate Thembela Mata to "focus on rehibilitation", arguing that Doyle would benefit more from "correctional supervision" than from direct imprisonment. Said McCallum: "Mr Doyle suffers from regressive paedophilia, which cannot be cured but can be controlled." McCallum had called for the court to impose a sentence on the accused, but asked that it be wholly suspended, serving as a "sword over the head" of Doyle.
Mata, in passing the sentence, commented that it was important for the court to take into account all the necessary factors, commenting that the "punishment shoud fit the criminal as well as the crime". Mata commented that the fact that Doyle had pleaded guilty and appeared remorseful did serve as "serious mitigating factors".
However, he held fast that Doyle was guilty of "various occasions of indecent assault, which had happened over an extended period of time" and although Doyle appeared remoseful it was crucially important to consider the various psychological problems the complainants had suffered as a result of Doyle’s actions. Mata went on further to describe the two victims as "walking corpses" who have been "severely affected psychologically" and noted that both viticims had developed abnormal behaviour due to Doyle’s actions. Mata also commented that the South African Constitution places much emphasis on the vital protection of children. As Mata emphasised "we need to take care of our children".
Mata went on to sentence Doyle to five years imprisonment in terms of the South African common law, with both accounts of sexual assault being treated as one offense. Mata concluded that although there must be a sense of correctional rehibilitation "[Doyle] must serve a term of imprisonment to ensure that full justice is served." Mata futher ordered that Doyle’s name be added to the National Register for Sex Offenders, "a national register for people who are abusing children".
McCallum, who openly disagreed with Mata, made an immediate application for leave to appeal. The application was granted by the court and Doyle was granted bail under the same conditions of house arrest. Although Doyle has been sentenced he will not be taken into custody but will remain under house arrest until he appears in the Grahamstown High Court.
