15 Years For Raping Ex Girlfriend

Bonte Seepi | Monday July 27, 2015 15:43

When delivering the sentence, the magistrate explained to Mosinyi that the court has considered that he is a first offender when coming up with the sentence. Motsamai however said the accused had failed dismally to provide exceptional extenuating circumstances that could convince the court to give him a lighter sentence. “In my view the reasons he advanced to court were not that convincing. His failure to convince the court to issue him a lighter sentence means that the court cannot sentence him to anything less than 15 years,” she said.

Motsamai further said the court had also put into consideration the interest of the society at large and seriousness of the offence when sentencing Mosinyi.

 “I have also taken into consideration the humiliation and trauma that the complainant suffered because of the rape.

“Furthermore, I have considered the fact that issues of rape are on the rise these days and are great concern to the society. I also looked at the issue of HIV/AIDS, which is on the rise in the country,” she said.  Motsamai added that the court noted that the complainant sustained serious injuries before the rape, which were caused by the accused. The accused allegedly assaulted the complainant with a spade before raping her.

Mosinyi’s sentence will be backdated to July 15, 2015, the date he was remanded in custody.

Mosinyi was advised to appeal to the High Court within a period of 14 days if he is not satisfied with his conviction or sentence.

The magistrate also ordered that the spade that was used as an exhibit be returned to its owner, who is the complainant.

Prosecutor Moses Serojane from Directorate of Public Prosecutions represented the state in the matter.