More education needed on defilement, sexual violence
Lebogang Mosikare | Friday April 7, 2017 17:43
The case involved the Botswana Democratic Party (BDP) councillor for Sebina, Kemmonye Amon, who was alleged to have impregnated an underage girl who cannot consent to sex.
Before the incident dissipated from the public domain, Batswana used different fora especially social media to voice out their anger against the alleged perpetrator.
Most of them wanted Amon to face the music for his alleged transgression.
Members of the Umbrella for Democratic Change (UDC) and Botswana Congress Party (BCP) youth leagues even went to Sebina to hand a petition demanding Amon to resign.
They said Amon should resign because he has brought disrepute to the public office he was and still holding.
Later, no charges were laid against Amon because he allegedly impregnated a girl who was above the age of consenting to sex, 16 years.
Fast forward to this week this year.
On Tuesday, Mmegi published an article in which a 19-year-old woman, Gone Bathamile was found guilty of having sex with a 15-year-old primary schoolboy in 2012 following an illicit affair. Following their illicit affair, the pupil impregnated the 19-year-old girl.
The matter was later reported to the police after Bathamile, who was employed as a maid by the minor’s parents, told them that their son is the one who impregnated her.
She was subsequently slapped with a 10-year jail sentence for defilement.
Bathamile has now approached the High Court arguing that the sentence passed by the magistrate was harsh.
She is of the view that the lower court that sentenced her did not take into consideration that the complainant was probably less than 16-years or more because they had never met before.
According to numerous court judgements, anyone accused of defilement should sufficiently demonstrate before court that they did not know that the complainant was of the right age to consent to having sex.
The article ignited mixed reactions from Facebookers. It is a well-known fact that people, males or females, who have sex with minors, are guilty of an offence and would be accordingly punished. While some Facebookers welcomed Bathamileís punishment, some also point an accusing finger to the minor for being a willing accomplice in the commission of the offence.
Below are some of the comments from Facebook:
-Yes, why not equal rights, equal punishment,
Ba mo dirile sente! (She was properly sentenced) because what she did was wrong,
-Lesang tlhe maid yoo. Mosimane yoo ene fa a apolela maid one asa ipone? bane basa dumelana (leave the maid alone, didnít he (minor) know that he was having sex with an adult and didnít he consent to the sex?)
-That is abuse of domestic workers we hear on a daily basis, Big up boy o ba imise botlhe bo maid. Ke gone batla bakelang go hirela dipoo bo maid (congratulations minor, employers will regret hiring maids for grown ups),
-What shocked me the most is the double standards displayed by most of you guys had it been the garden boy that impregnated a girl child, everyone would be okay with the sentence.
The above examples clearly show how some people in society still view sexual offences.
Some of these social media commentators are of the view that the sentence given to Bathamile can only be appropriate if she was a male.
The Facebook comments also show the extent to which some members of the public downplay the serious negative effects that affect victims (males or females) of sexual violence.
A Francistown-based lawyer Kesegofetse Molosiwa said it is unfortunate that some people still believe that only males can commit sexual offences. Molosiwa said the penalties in law in relation to sexual offences apply equally between males and females and do not discriminate on the basis of gender.
Sexual offences are not an exclusive offence that is committed by males only. The fact that males commit most sexual offences does not mean females can not commit them. There should be intensive public education to teach the public about these issues in order to overcome them, Molosiwa said.
Asked for comment about the issue, social worker Kgomotso Jongman said the law governing sexual offences is simple and straightforward.
Jongman said the Childrenís Act says a child is anyone below the age of 16 although the Penal Code says any person who unlawfully and carnally knows any girl under the age of 16 is guilty of an offence.
Jongman said it would take time for some people to know that even females can commit sexual offences because males in most cases are the ones who make advances to females and generally make all decisions concerning sex.
There is a need for intensive public education to cure misconceptions still held by some members of society who think that only males are capable of committing sexual offences.