Rape case referred to High Court for judgment

Lebogang Mosikare | Tuesday June 2, 2015 15:16

State counsel Moffat Dick told Justice Zibani Makhwade that the case had been referred to the High Court because the magistrate who handled the matter did not have authority to sentence people to more than seven years in jail.

The statutory minimum sentence of rape is 10 years imprisonment. 

Dick also told court that the accused had used violence on his victim when he committed the offence. He explained that Keiteretse had kidnapped the victim and kept her hostage at his house for six hours, during which he punched her in the stomach before forcing her into carnal knowledge, which was evidently not consensual. He added that the victim had reported the matter to his sister at around 3am before the two went to the police.

When Makwade asked him to explain why the victim had not screamed to alert people of the attack, Dick explained that the victim was distressed and afraid that if she made a sound, Keiteretse would probably beat her up or kill her.

In relation to the phone that the victim had left at the accused’s home, Dick said that he did not know how she had left it at Keiteretse’s place because that information does not appear in the case record.  He further said that there was overwhelming evidence that the accused committed the offence, arguing that failure to include the cellphone was not sufficient to acquit and discharge the accused.  Dick also argued that the victim had no injuries as supported by the doctor’s evidence because she had probably submitted to the accused.

“She had no bruises because she was afraid that if she did anything that may alert other people, the accused was probably going to beat her up or kill her,” he said.