Mosupukwa is currently serving a 10-year sentence for rape following his conviction by Magistrate Thebeetsile Mulalu of the Maun Magistrate’s Court in 2021. He was found guilty of a single count of rape of a young woman (whose name is known to this publication).
The woman was 22 years old at the time. The victim alleged that Mosupukwa raped her while she was asleep. The victim testified that after returning from a bar with her boyfriend, they retired to her boyfriend's room, where they engaged in consensual sex.
Later, her boyfriend left for the bar, leaving her asleep. She awoke to find someone having sex with her, realising it was not her boyfriend but Mosupukwa. She managed to identify him by illuminating her phone, even describing the clothing he wore that day which were a red t-shirt, blue cap and white canvas shoes. Despite the victim's identification of Mosupukwa, the medical report was inconclusive about whether she had been sexually assaulted, and a DNA test did not establish a connection between her and Mosupukwa.
However, Mosupukwa was convicted based on the victim's testimony, which was corroborated by the landlord, her boyfriend and the investigating officer. Despite the evidence presented in court, Mosupukwa applied for leave to appeal both his conviction and sentence. He argued that the victim was intoxicated on the night of the incident and might have mistaken him for someone else. He also cited the lack of DNA evidence. Justice Lesetedi acknowledged Mosupukwa's arguments but found them insufficient.
“The only evidence the applicant could draw attention to support (his appeal was when) he argues that the complainant was drunk as her statements state that she told her boyfriend she was drunk and that they should leave the bar and return home,” he said, adding that she was able to wake up and identify Mosupukwa during the incident. Lesetedi also emphasised that medical evidence alone is not a decisive factor in rape convictions and that convictions can be based on other compelling evidence.
“It is well established that absence of medical evidence is not a bar for conviction of rape so long as there is other cogent evidence upon which a conviction can be sustained,” he explained. Lesetedi concluded that there was no risk of false incrimination and Mosupukwa had no prospects of success on appeal. “On a view of the totality of the evidence, the applicant has no prospects of success on appeal. This application is refused,” Lesetedi said.
