Light sentence for Gerald estate rapist

Faith Siako | Monday June 8, 2015 15:33

In addition, Senior Magistrate Thebeetsile Mulalu ruled that Moraope should receive five strokes after being certified fit by a medical practitioner.

Mulalu said that rape is a very serious offence that carries a minimum sentence of 10 years in jail and a maximum sentence of life imprisonment.

“It affects the victim emotionally and physically in an era of the deadly HIV/AIDS disease,” said Mulalu.

Mulalu said that he found exceptional extenuating circumstances that made him impose a lighter sentence.

He stated that the victim went to the accused’s place with him and exchanged jackets adding that they spent time together, which showed that she had no problem about that.

“The accused is also a first offender a factor that works in his favour. The courts are enjoined to give lighter sentences to accused persons if there are valid reasons for doing so,” said Mulalu.

Meanwhile, Tshepo Tapela, 26, appeared before Mulalu on Thursday for allegedly defiling a 15-year-old girl in Chadibe whom he also supposedly impregnated on December, 2010.

The victim who is now a senior school student testified that during that fateful day, Tapela visited her at her aunt’s place and told her that he wanted to talk to her in private.

She said they went to the river to have a conversation whereby they decided to go to Tapela’s place.

At Tapela’s place, the victim said that he made some sexual overtures towards her. She narrated that Tapela told her that he had previously had sex with two girls, but she told him that she was a virgin and was afraid to have sex.

“He told me that he would help me break my virginity and then we had sex. He then escorted me home and called me the following day telling me to come to his place since he wanted to apologise for having sex with me,” said the victim.

The victim said that after she reached Tapela’s place, he told her that he wanted to have sex with her again.

“I told him that he should use a condom in order not to impregnate me, but he removed a bottle of pills which he said prevented pregnancy and sexually transmitted diseases.  Since I was convinced I agreed that we have sex without using a condom,” said the victim.

However, Tapela refuted the testimony of the victim in his defence. He said that the pills that the victim found at his place were his medication.

Tapela asked the victim why she felt no pain when they had sex and why she kept coming to his place for more sex.

The victim replied: “It was painful when we had sex for the first time, but I did not feel it during the many occasions after that. I also thought that it was an activity between lovers that is why I also returned to his place several times for sex.”

The victim’s mother testified that she reported the matter to the police after her attempts to solve the issue between the two families failed.

“I discovered that my daughter was pregnant after she went to the clinic complaining of stomach problems. She later gave me pregnancy test results from the clinic, which was positive. I reported the matter to the police after some of Tapela’s family members chased me from their place when I went there to report the matter,” said the victim’s mother.

Mulalu ruled that Tapela has a case to answer and he should bring his witness on August 5 to testify on his behalf.