Hairdresser charged for defiling five-year-old

Tsaone Basimanebotlhe | Thursday February 12, 2015 13:03

 

The accused, Taita Gaopotake, a hairdresser, allegedly molested the girl on February 6 at Somerset location. The state prosecutor Alexander Phale applied for plea to be reserved in the matter because investigations are still at the preliminary stages.

Phale however, said that he was not opposed to the accused being given bail on condition that he vacated his place of residence that he shared with the complainant. Gaopotake told the court that he will relocate to Monarch in order not to interfere with police investigations. The matter was adjourned to February 27. Meanwhile, 22-year-old Gaboratanelwe Mothowetsho was given a suspended sentence after he was convicted of impregnating an under-age girl (15) in 2011 at Somerset.

Mothowetsho was sentenced to three years in jail wholly suspended for two years on condition that he does not commit a sex-related offence within that period. The court also recommended five strokes for the convict. Mothowetsho is currently an Auto Mechanic student at Tutume Brigade.

Passing sentence Siziba said that he took into consideration that the accused was taking care of his sickly elderly mother and siblings.

“The accused has been convicted of one count of defilement which carries a mandatory sentence of 10 years in jail. However, that sentence cannot be imposed if there are exceptional extenuating circumstances. I agree with the prosecutor that the age difference of the accused and complainant was not much,” said Siziba.

Siziba added: “The law says that first the courts should be lenient with first offenders while being stern with repeat offenders. It is also a matter of law that each case should be treated according to its merits. I am also aware that the accused has committed a very serious offence.

“In this matter the court is witnessing a situation in which two youth engaged in delinquent behaviour. I say this having noted that the complainant is the one who went to the accused’s place and spent a night there where they had sex.  “Taking into consideration that the accused is studying and will complete his studies next year, in my view a non-custodial sentence is appropriate under the circumstances,” the magistrate said.