Alleged rapist�s guilty plea reserved
Lindiwe Mozola | Thursday January 21, 2016 12:38
The accused, Atweng Gomolemo is charged with rape and robbery, but was facing rape and theft charges prior to the amendment.
According to the prosecution, it has since been realised that the accused used extreme violence during the rape.
There was also robbery to consider if the accused used extreme violence immediately before or after the rape to dispossess his victim of her valuables. Gomolemo is accused of raping the complainant on February 12, 2015 at Serorome ward before punching her with his fists and tying both her legs and hands with a rope.
On the second count, he stole the complainant’s bag; a Nokia Asha worth P1,500, Lenovo tablet worth P3,000, and P90 in cash.
Prosecutor Moses Segojwane stated that in the old charge sheet on both counts there was no Sub Section 2 of the Penal Code, which distinguishes rape and stealing that involves violence from an ordinary rape and theft.
“This is to clarify to the court that the accused was armed with a dangerous weapon or used extreme violence during the act.
The same violence used caused harm in both the first and the second offences,” said Segojwane.
In his defence, Gomolemo said that he did not use violence in the second offence of robbery. He explained that he just took the bag where it was, without inquiring about or forcing the victim since it was just there for him to easily take.
“I do plead guilty to the charge of rape and that I used extreme violence during the act. However, I would like to disagree that I used violence on the second count because I just took the bag where it was without using any form of violence therefore (for that offence) I do not plead guilty,” he said.
Magistrate Gofaone Mosweu interjected that both of the offences were continuous and the complainant was in no state to defend herself from being robbed after suffering some blows from the accused during the rape act.
“Note that prior to the rape, violence was used and then you went on to take the bag while the complainant was still vulnerable. Violence might not have been used during the offence, but it was done immediately when the complainant was in no state to defend herself after suffering the extreme violence used during rape,” she said.
After hearing the explanation from the magistrate, the accused immediately changed his plea to guilty in both counts, on the reason that he now has a clear understanding of the matters at hand.
However, Mosweu advised the accused not to just give a plea of guilty since he had said that he did not use violence at the time he was taking the complainant’s bag and as such he maintained the plea.
“I cannot simply run with the plea of guilty, while I am alive to the fact that you said you did not use violence for robbery.
“It will appear as if we forced you to take the plea.
You must also remember that violence is a major issue here aggravating both sentences. We will therefore proceed with the trial for proper verdict to be delivered.”