Mogoditshane Magistrate's Court has convicted Onkabetse Mokgosi for a single count of rape after it was proven by the prosecution that he sexually assaulted his girlfriend’s niece who was doing Form 3 at the time.
According to prosecution the case dates back to August 2021 and went on until October 2021 where the young girl (names withheld) was raped two to three times in that period.
State prosecutor Seeletso Ookeditse indicated that the first time the student was raped was when she was left alone with Mokgosi when her aunt and younger sister had gone to the tuck-shop. “He went into the room of the student and started fondling her. She protested after that he forcibly removed her clothes, laid her on the mattress and inserted his private part, raped her without a condom,” she said.
The second time it was revealed that Mokgosi did the same thing to the complainant after finding her home alone still in August. Just like the first time, she did not report the matter. It was only in October still in the same year, the complainant crushed and revealed that her aunt’s boyfriend has been raping her after being raped for the third time. It occurred when she was left alone with Mokgosi in the room and that’s when he pounced on her and raped her. When the matter was reported to the police, she was taken for medical examination, where it was established that indeed she was no longer a virgin and she was also pregnant. However, the pregnancy was then terminated as the law permits that if a woman was raped. Trying to clear his name, Mokgosi argued that he has never raped the complainant and challenged why did she not report the matter on previous incidents. He further contested that even on October he did not rape the complainant. Mokgosi was backed up by his girlfriend, the aunt (names withheld) to the complainant that indeed he did not rape her niece. She emphasised that her niece has been a naughty child.
“There were times she would skip school. One day during school vacation the complainant was in Kanye and she went missing as she had a dispute with her father. She is the type of a person who sneaks out,” she said. Taking into consideration the submissions made by the complainant and the defence, Chief Magistrate Gofaone Morweng stated that prosecution has proven beyond reasonable doubt that the complainant was raped. “The complainant testified as a witness of fact and gave a narrative about her sexual encounters with the accused person. She testified to two encounters which happened when she was home alone during the month of August 2021 and October 2021,” she said. She added: “It is in evidence that the complainant was examined to have been pregnant and that the same pregnancy was ultimately terminated. The fact that the complainant was pregnant and the medical report evidenced that she was not a virgin is evidence enough that she was at some point penetrated,” magistrate said. The Magistrate said it was evident that the complainant did not consent to have sex with the accused, as she appeared to be timid before court.
“The accused person preyed on the complainant and all the sexual contact had was coercion. This leads to a conclusion that she never consented to any sexual intercourse with the accused,” she said. Magistrate Morweng further stated that she adjudged the complainant to be a reliable, competent and credible witness as her testimony was sufficient for the court to rely on her evidence alone. The same could not be said and his witness as the magistrate indicated their testimonies did not convince her at all. “I have evaluated the accused person's defence to be a bare denial of the allegations against him. He sought to minimise his contact with the complainant except in the presence of her aunt,” she said. On the aunt’s part, magistrate stated that the aunt was only trying to discredit her niece as someone who cannot be trusted and did not speak to matters of the case. “The aunt’s testimony sought to attack the character of the complainant. She testified to some unrelated incidents in which she alleged that the complainant had disappeared from home,” she said. In light of all the testimonies made during the trial court, magistrate Morweng said that she was satisfied that prosecutions had proven its case against the accused beyond reasonable doubt. “The accused person Mokgosi is hereby found guilty and convicted of a lone count of rape,” the Magistrate ordered.
State prosecutor Seeletso Ookeditse indicated that the first time the student was raped was when she was left alone with Mokgosi when her aunt and younger sister had gone to the tuck-shop. “He went into the room of the student and started fondling her. She protested after that he forcibly removed her clothes, laid her on the mattress and inserted his private part, raped her without a condom,” she said.
The second time it was revealed that Mokgosi did the same thing to the complainant after finding her home alone still in August. Just like the first time, she did not report the matter. It was only in October still in the same year, the complainant crushed and revealed that her aunt’s boyfriend has been raping her after being raped for the third time. It occurred when she was left alone with Mokgosi in the room and that’s when he pounced on her and raped her. When the matter was reported to the police, she was taken for medical examination, where it was established that indeed she was no longer a virgin and she was also pregnant. However, the pregnancy was then terminated as the law permits that if a woman was raped. Trying to clear his name, Mokgosi argued that he has never raped the complainant and challenged why did she not report the matter on previous incidents. He further contested that even on October he did not rape the complainant. Mokgosi was backed up by his girlfriend, the aunt (names withheld) to the complainant that indeed he did not rape her niece. She emphasised that her niece has been a naughty child.
“There were times she would skip school. One day during school vacation the complainant was in Kanye and she went missing as she had a dispute with her father. She is the type of a person who sneaks out,” she said. Taking into consideration the submissions made by the complainant and the defence, Chief Magistrate Gofaone Morweng stated that prosecution has proven beyond reasonable doubt that the complainant was raped. “The complainant testified as a witness of fact and gave a narrative about her sexual encounters with the accused person. She testified to two encounters which happened when she was home alone during the month of August 2021 and October 2021,” she said. She added: “It is in evidence that the complainant was examined to have been pregnant and that the same pregnancy was ultimately terminated. The fact that the complainant was pregnant and the medical report evidenced that she was not a virgin is evidence enough that she was at some point penetrated,” magistrate said. The Magistrate said it was evident that the complainant did not consent to have sex with the accused, as she appeared to be timid before court.
“The accused person preyed on the complainant and all the sexual contact had was coercion. This leads to a conclusion that she never consented to any sexual intercourse with the accused,” she said. Magistrate Morweng further stated that she adjudged the complainant to be a reliable, competent and credible witness as her testimony was sufficient for the court to rely on her evidence alone. The same could not be said and his witness as the magistrate indicated their testimonies did not convince her at all. “I have evaluated the accused person's defence to be a bare denial of the allegations against him. He sought to minimise his contact with the complainant except in the presence of her aunt,” she said. On the aunt’s part, magistrate stated that the aunt was only trying to discredit her niece as someone who cannot be trusted and did not speak to matters of the case. “The aunt’s testimony sought to attack the character of the complainant. She testified to some unrelated incidents in which she alleged that the complainant had disappeared from home,” she said. In light of all the testimonies made during the trial court, magistrate Morweng said that she was satisfied that prosecutions had proven its case against the accused beyond reasonable doubt. “The accused person Mokgosi is hereby found guilty and convicted of a lone count of rape,” the Magistrate ordered.
