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Uncle claims niece raped him

Gofamodimo Tautsagae, 54 who is charged with raping his then 15-year-old niece, appeared for trial before Principal Magistrate Dumisani Basupi. While under cross-examination from Gaobone Othata of the Directorate of Public Prosecutions (DPP), Tautsagae told the court of the incident.

He said that there was nobody home that day when his niece who was doing Standard 7 at Phatsimo Primary School arrived from school. He claimed that his niece dragged him to his bedroom where she unbuttoned his shirt, unzipped his trousers and asked him to have sex with her. Asked to clarify his statement, Tautsagae told the court that his niece overpowered him. Othata asked the accused why he did not report the matter to the police, Tautsagae responded: “I did not expect something unnatural like this to happen. I was shocked. I thought she would not tell anyone what happened.” Othata then told Tautsagae that he was playing victim in the charges knowing very well that he raped the complainant.

“How can your primary school going niece overpower a grown man up like you and forcefully demand sex from him?  What you are saying is just an afterthought,” said Othata.

Othata added that from the testimony presented, Tautsagae had longed to have sex with the complainant and he wanted to satisfy his sexual pleasure.

Tautsagae shocked the court again when he was asked about his relationship with the complainant. He answered: “I don’t know. I heard she was my niece after I was charged.” Furthermore, Tautsagae said he did not know which school the complainant attended although he always saw her putting on a uniform. He claimed it was his first time to hear the name Phatsimo Primary School after he was charged with rape.  However, it became clear that he had been to the school to report that the complainant was in the habit of smoking cigarettes.

An agitated Othata told Tautsagae that he went to the school in an endeavour to portray the complainant as a bad child after he was charged with rape. He also astonished the court when he said he did not know the age difference between him and his niece while he objected to ever producing a knife he allegedly threatened the complainant with.

Investigation officer Gomolemo Dickson told the court that she was allocated the case in 2009 and confronted the complainant on July 13.  Dickson said: “She told me that her uncle called her to his bedroom and upon arrival her uncle undressed her and started to have sex with her without her consent and that he was even not using a condom,” she said.

Dickson added: “She said she was afraid to do anything because he threatened to stab her with a knife.

“She told me that the sex was painful and blood came from her private parts afterwards. “I later accordingly cautioned Tautsagae and charged him.” Earlier, the complainant’s mother had told the court that Tautsagae is her cousin and she had left the complainant under the care of her aunt and uncle in Francistown.

 

The case continues.