For statutory rape and the sexual exploitation of homeless children whom he paid for sex, Theo Hartzenberg, a South African Attorney-at-law will spend eight years in prison.
A Wynberg regional court in South Africa sentenced him on Monday, 2 December after he pleaded not guilty to over 20 charges.
The court heard testimony from a 21-year-old homeless male victim, who knew Hartzenberg as a lawyer living in a block of flats in Muizenberg, Cape Town. The victim revealed that he and other boys were exploited by Hartzenberg, who paid them for sex.
National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila provided details of the case, explaining that the victim and his friend observed Hartzenberg leaving his flat, heading to the beach, and engaging in sexual acts with other boys behind a wall. The victim was paid R100 for acting as a lookout during the incident.
The following day, the victim, his friend, and another boy were paid R100 each after engaging in sex with Hartzenberg. This exploitation occurred repeatedly, with the victim using the money to buy food and drugs.
The trial also included testimony from a 16-year-old boy, who confirmed the accounts of the previous victims. He described how he initially struggled to engage in sex with Hartzenberg but was still paid. On subsequent occasions, he and other boys engaged in sexual acts with Hartzenberg in exchange for R100.
Hartzenberg attempted to have the charges dropped, but the state opposed his request, arguing that Hartzenberg deliberately exploited vulnerable homeless children. In closing arguments, prosecutor Jacqueline Hefele emphasized that the victims were not contradicting themselves during their testimony and that Hartzenberg was fully aware of their vulnerable circumstances.
Prosecutor Jacqueline Hefele said in closing arguments that Hartzenberg knew the victims were vulnerable street children who were easy to exploit. She emphasised they did not contradict themselves while testifying.
“The accused knew the victims as he admitted to giving them money and food and the witnesses had no reason to fabricate evidence against their benefactor. The court found the evidence against the accused overwhelming. The court accepted the accused solicited the services of the complainants to provide him with sexual services in return for monetary payments. It found the state proved its case against the accused,” said Ntabazalila.
Hartzenberg was sentenced to eight years’ direct imprisonment for statutory rape with three years suspended for five years on condition he is not convicted on a similar charge during the period of suspension. The court also sentenced him to eight years’ direct imprisonment for sexual exploitation of a child and three months’ direct imprisonment for engaging in sexual services with a person older than 18 years, suspended for five years on condition he is not convicted for committing a similar offence during the period of suspension.
He was declared unfit to possess a firearm. His name will be added to the National Child Protection Register and National Register for Sex Offenders.
