A PORT Elizabeth man yesterday avoided jail after being found guilty of raping his 14-year-old stepdaughter, because he is the sole breadwinner in the family.

The Seaview man, aged 40, pleaded guilty to sexually assaulting and raping the girl between 2005 and March last year.

He was given a suspended sentence in terms of an agreement between the state and the defence.

Port Elizabeth High Court Judge Nambitha Dambuza said this was not a punishment she would “ordinarily” give to someone found guilty of this offence.

“Of much persuasion in your case is the fact that sending you to direct imprisonment will impact negatively on the complainant. If you are sent to jail, they (she and her mother) will be deprived of that (financial) support.

“It is because of this that I have agreed to this sentence,” she said.

Dambuza ordered him not to have any direct or indirect interaction with the girl, and his particulars are to be included in the national register of sex offenders.

Child Welfare regional director Dalene Ritter said her organisation was totally against the sentence. “Being a breadwinner is not an excuse for the man’s not being locked up. This means he will not be punished for his crime,” she said.

It was only when the girl reported the incidents last year to her teacher that her mother knew what had been happening. The man admitted that the incidents occurred at night, when the girl’s mother was either drunk and asleep or was not at home.

The stepfather told the court that he had originally comforted the girl.

However, this had then progressed to sexual abuse and rape. The last incident took place in November.

He was sentenced to five years’ imprisonment, wholly suspended for five years, and 36 months’ correctional supervision. He was also placed under house arrest and ordered to attend life skills courses and to refrain from using alcohol.