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Woman appeals defilement sentence

 

 

The complainant was then aged 15. 
Bathamile was employed as a maid by the complainant’s parents at the time while her victim had just completed his primary education in Orapa. After completing his
primary education towards the end of 2012, the complainant visited his parents in Serowe where he found out that his parents had employed Bathamile as their maid.
They shared the same bedroom and apparently an illicit love affair developed between Bathamile and the complainant. They ended up having sex, which resulted in Bathamile falling pregnant
and later giving birth to the complainant’s child.
The matter was only reported to the police after Bathamile told her employers that their child is the one who impregnated her.
Bathamile’s attorney, Keitshegile Sechele moved an appeal before Justice Zibani Makhwade saying the 10-year jail term that was meted out on Bathamile was extreme and excessive.
Sechele said the state had not proven beyond reasonable doubt that the complainant might have been over 16 years when she committed the offence.
The state counsel Ditshoto Mpale did not oppose the appellant’s application. Judgement in the matter will be delivered on May 31, 2017.

The appellant, Gone Bathamile, was aged 19 when she committed the offence between April 15 and 17 in 2012 at Serowe. The complainant was then aged 15. 

Bathamile was employed as a maid by the complainant’s parents at the time while her victim had just completed his primary education in Orapa.

After completing his primary education towards the end of 2012, the complainant visited his parents in Serowe where he found out that his parents had employed Bathamile as their maid.

They shared the same bedroom and apparently an illicit love affair developed between Bathamile and the complainant.

They ended up having sex, which resulted in Bathamile falling pregnantand later giving birth to the complainant’s child.

The matter was only reported to the police after Bathamile told her employers that their child is the one who impregnated her.

Bathamile’s attorney, Keitshegile Sechele moved an appeal before Justice Zibani Makhwade saying the 10-year jail term that was meted out on Bathamile was extreme and excessive.

Sechele said the state had not proven beyond reasonable doubt that the complainant might have been over 16 years when she committed the offence.

The state counsel Ditshoto Mpale did not oppose the appellant’s application. Judgement in the matter will be delivered on May 31, 2017.