Lawyer who exploited street children for sex gets eight years behind bars

A lawyer was sentenced to eight years' imprisonment by the Wynberg regional court on Monday for the statutory rape and sexual exploitation of homeless children who he paid for sex.  

Theo Hartzenberg, who faced more than 20 charges, pleaded not guilty during the trial which heard testimony from a homeless 21-year-old male victim.

The witness said he knew Hartzenberg as a lawyer who stayed in a block of flats in Muizenberg, Cape Town, and learnt about him from other boys.

National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila said the witness and a friend saw Hartzenberg exit his block of flats, walk towards the beach and then behind a wall.

“The accused called the friend, and the witness was on the lookout while the accused and the friend had sex. He was paid R100 for being the lookout. The next day, the witness, his friend and another boy had sex with the accused, and he paid them R100 each. After the second incident, the witness informed other boys they could have sex with the accused and be paid,” said Ntabazalila.  

“They would sit and wait for him to come out of his block of flats, watch him head to the beach, follow him, wait for him to finish smoking, have sex with him, get paid R100 and go."

The witness used his money to buy food, glue and Mandrax. He said Hartzenberg never spoke to them and the sexual exploitation happened on several occasions during weekends, including at the colourful beach bungalows in Muizenberg.

“The next witness was a 16-year-old who testified via CCTV camera facilities, and he confirmed the evidence of the first witness. On the first occasion, he attempted to have sex with the accused but could not and was paid R100,” said Ntabazalila.  

“On the following occasions, he and the other boys had sex with the accused on  weekends and each was paid R100. He alleged other boys would not get an erection but would be paid R50. He was a pupil but would bunk school on Fridays to beg at the beach. His parents were not aware of what was happening.”  

Hartzenberg attempted to have the charges against him withdrawn, but the state opposed the bid.

Prosecutor Jacqueline Hefele said in closing arguments 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. 

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