Rapist Nicholas Ninow also guilty of defeating ends of justice and drug possession

Nicholas Ninow has been found guilty of raping a seven-year-old girl in the bathroom of a family restaurant in Pretoria.

The judgment was handed down by Pretoria high court judge Papi Mosopa on Monday.

There were screams and insults hurled at Ninow from the public gallery after judgment was delivered and he was escorted to the holding cells.

Ninow, 21, had earlier pleaded guilty to rape, possession of drugs and defeating the ends of justice. He was convicted on all three counts. He pleaded not guilty to, and was acquitted of, assault.

The court heard earlier that on the day of the incident in September 2018, Ninow had consumed “substantial” quantities of the drug Kat and alcohol.

The child, testifying in camera, told the court she heard her mother calling while the man with her in the toilet had threatened to kill her, Mosopa said in his judgment. 

Ninow admitted raping the child in a bathroom cubicle at the Silverton Dros in Pretoria. The court heard that he moved tables at the restaurant to be closer to the children's area. The court was also told that he ordered beer and shooters.

In his plea explanation, Ninow said he had consumed “substantial” amounts of drugs and alcohol.

Judge Mosopa said the victim could not have consented to sexual penetration.

“The state has discharged its onus to prove rape, defeating the ends of justice and possession of drugs. On assault you are not found guilty,” he said.

Ninow said the child had found him in the women's bathroom while he was taking drugs.

But the state rejected this and called the child to rebut the claim.

She told the court that Ninow had found her in the bathroom cubicle. Her mother, who also testified in camera, told the court she had found Ninow naked.

Ninow had also wiped his penis with the child's underwear, the court heard.

The case was postponed to October 16 and 17 for sentencing.