Convicted rapist and sex trafficker Gerhard Ackerman 'exploited the vulnerable state of children'

Gerhard “Gerrie” Ackerman, who was convicted on more than 720 charges related to child trafficking, rape and attempted murder by the Johannesburg high court on Monday, preyed on the vulnerability of minor boys. 

The court said when he testified during the trial, Ackerman remarked that the boys were older than 16 and participated voluntarily. 

But judge Ismail Mahomed said it was a disingenuous argument because Ackerman, a massage parlour owner, targeted the children and exploited their vulnerable state.  

“Most of these children came from troubled homes and poor backgrounds. One or two of them had personal issues and thoughts of suicide and ideation.

“The accused took advantage of their emotional state by offering them a place to stay where they could make money. His conversation with advocate Paul Kennedy regarding (that) he has a strategy to get a boy to come, and assuring Kennedy that he is gaining the boy's confidence, is testimony to his cunning modus operandi.”  

Ackerman met the majority of his victims on Facebook, taught the boys how to massage his potential clients and they had to perform “the happy ending” on customers. 

He would arrange or make appointments for the boys to massage his clients and a fee would be charged for their services, of which a percentage had to be paid to him.  

 Ackerman instructed the boys to make videos of themselves naked.

The boys were paid to make these videos by human rights lawyer and acting judge Paul Kennedy, Ackerman's co-accused who committed suicide last year.  

Ackerman had anally penetrated two of the boys and several boys lived with him at his premises from where he operated his massage business.  

The judge said the children who testified in the matter were single witnesses regarding what happened to them and for that reason, the court should view their version with caution.  

“Having said that there are many aspects of their narratives which are similar to each other such as how each of them was ‘recruited’ by the accused, how he trained them to massage clients, that he made appointments for them to massage his clients, how the accused asked them to make videos. How he took a percentage of the fee they earned,” he said.  

The judge said that most of the children did not know each other, however their evidence had a pattern of similarity.  

“When the evidence of each victim is viewed in isolation their evidence must be viewed with caution regarding the minutiae of their testimony. However when their evidence is viewed with other evidence in totality one observes the common thread in their evidence,” he said.  

The counts Ackerman was convicted of included attempted murder, rape, sexual exploitation of children, malicious damage to property and producing and distributing child pornography.  

On the count of attempted murder, Ackerman sent several boys to Kennedy knowing he was HIV positive and had anal sex with a 14-year-old boy known as WS.  

During the trial, it was argued that when Ackerman got to know of Kennedy’s HIV status,  he continued to send the boys to him and he knowingly sent a 14-year-old boy who was raped by him.  

“In his evidence in chief, he testified that he was unaware of what happened at Kennedy’s place because his golden rule was that there was to be no intercourse, and where the children consented they could do so as they were at least 16 years old.  

“This version was exposed as a blatant lie because he advertised that the boys were prepared to perform fellatio and even be penetrated,” the judge said. 

He added that Ackerman had not impressed the court as a witness. He often contradicted himself on numerous aspects. The most notable aspect was that he told the boys they were not to have sex as that was his golden rule.  

“When he was confronted with the messages between him and Kennedy speaking about rimming (performing anilingus on) the boys and one of the boys being a virgin, he had no answer.”  

Ackerman denied the allegations against him. He was evasive and did not answer questions directly, the judge said.

Ackerman was acquitted on a few charges on grounds that either the evidence was not led or the charges were duplicates.  

The judge said Kennedy commissioned Ackerman to get the boys to make pornographic videos of themselves which he paid for.  

At Kennedy's home, the boys performed massages with “happy endings”. In some instances he wanted them to perform fellatio, and he carried out the act of rimming. 

“Finally, I need to say something about the role played by Mr Kennedy in this matter. One is inclined not to say unfavourable and negative things about a person who departed this world, however I would be remiss in my duty if I were to skirt the issue. 

“That he took his life was tragic but not unexpected, as he brought shame to himself, and the profession he represented. As an advocate, he realised that the game was up and he, therefore, committed suicide.  

“The court is duty bound to say this so that the victims may get closure in so far as the role played by him is concerned,” he said.

National Prosecuting Authority (NPA) Gauteng spokesperson Phindi Mjonondwane said the judgment sent a strong message that the prosecution was up to the task of ensuring that those who took advantage of children were removed from society. 

Asked if the NPA would pursue other clients of Ackerman, she said there were ongoing investigations to ensure that the children got closure.  

“What this case has done, and this judgment has done is only to scratch the surface as the accused himself in his own evidence has indicated that there are about more than 100 children that went through his hands.  

“It, therefore, shows us as a prosecution that there is still a whole lot of work that must happen.” 

TimesLIVE

Support independent journalism by subscribing to the Sunday Times. Just R20 for the first month.