Man sentenced to 10 years imprisonment for raping niece

Lebogang Baingapi | Friday May 29, 2015 14:26

According to court statements, the minor had previously confessed before court that on May 8 2014, her uncle called her from the neighbours’ house and proceeded to whip her with a stick. He then dragged her to his house where he undressed her and inserted his manhood into her vagina.

The records also revealed that the complainant had reported the matter to one witness who advised her to report the matter to her (victim) mother. Upon hearing the matter, court heard that the mother professed ignorance of the issue and even refused to come and give evidence in court.

After a week, the complainant could not contain the trauma anymore, and let the cat out of the bag. Her teachers then engaged the police and district commissioner’s office. The statement further noted that the complainant was taken to Mabutsane clinic for a medical examination.

Following his arrest, the accused apparently admitted before the deputy District Commissioner and investigating officer that he had indeed had sex with the complainant and insisted he thought she was his wife, a statement he later denied in court.

It also emerged that the doctor who conducted the examination had testified before court that although the victim had no bruises and injuries, there was visibility of discharge in the complainant’s private parts. It was however clinically difficult to prove penetration as the complainant only came to the clinic a week after the incident.

After the prosecution closed its case, the court noted that the accused had admitted that on that fateful day he called the complainant, but when she did not answer, he beat her up and dragged her to his house. He however denied ever having carnal knowledge with her as alleged.

The statement also revealed that the accused alleged that the police threatened and pressurised him to admit to the offence and also blamed the witness  for influencing the complainant to report him for rape though she was just crying from the beating.

In his mitigation, the accused pleaded with the court to be lenient on him, as he had started attending church in prison with the intention of turning over a new leaf.

In delivering the sentence, Magistrate Basetsana Keakantse said the accused had not presented any extenuating circumstances that could convince the court to give him a sentence below the minimum.

She added that the accused was not a first time offender as he had previous convictions dating back to 1984 when he was convicted of killing an animal with an intention to steal it, and also assault causing bodily harm.

Keakantse however said that she would not consider his first previous conviction, but had to consider the rape charges as sexual abuse cases were rampant across the country, and called for a deterrent sentence.