BDF soldier gets 20 years for raping daughter

Dolly Bathobakae | Thursday January 19, 2017 16:17

 

The convict raped his daughter then aged 12 on October 7, 2014 after he returned from a trip from Shoshong.

Passing sentence, Principal Magistrate Dumisani Basupi said he took into consideration what the accused’s attorney said in mitigation.

“I take into account that the accused is a first offender. I also take into account that his wife is surviving on piece jobs and that the accused was a breadwinner for his family. It was also submitted that I should tamper justice with mercy when passing sentence,” Basupi said.

However Basupi said there were aggravating factors in the commission of the offence.

“The accused is an adoptive father to the complainant but the complainant’s birth certificate shows that he is the father to the victim. It is my considered view that all along the accused was aware that the complainant was his child. In the same vein, the complainant regarded the accused as his father,” said Basupi.

Before passing sentence, Basupi reiterated his sentiments on his judgement.

“When the accused returned from a trip in Shoshong, his wife was present at home. I wonder what came to his mind that triggered him to rape his daughter after being away from his wife for some time while his wife was present… His wife was either refusing to give him his conjugal rights; the wife was probably unable to satisfy him sexually or he was just motivated by sheer greed to have sex with both his wife and daughter at the same time. I must however state that no evidence was availed before me to prove any of the above.

Therefore what motivated the accused to rape his daughter remains a mystery till today,” said Basupi.

Added Basupi: “…It should be noted that crimes of this nature are becoming very prevalent in this jurisdiction. It is therefore the onus of the courts to pass sentences that will act as a deterrent to would be offenders in future...The accused is therefore sentenced to 20 years in jail.”

In addition, Basupi said, the sentence should be backdated to the time that the accused spent in jail.

“I also make an order that social workers should give counselling sessions to the complainant. The accused has 14 days to appeal the judgement and sentence or both at the High Court if he so wishes,” Basupi concluded.