The Mogoditshane Magistrates' Court has slapped a 32-year-old young man with 18 years for sexually violating a 54-year-old woman.
The Chief Magistrate Gofaone Morweng sentenced Lection Jakobisi on Tuesday morning for rape. During mitigation, the convicted Jakobisi pleaded with the magistrate to allow him to ask for forgiveness from his 54-year-old victim.
The background of the case is that the victim, Jakobisi’s aunt (friend to the victim) and Jakobisi had attended a party together. As the party ended Jakobisi volunteered to escort the victim back home but he had other ideas. On the way he attacked her from behind, arm twisted her, breaking her arm and proceeded to sexually assault her.
The court further heard that the accused committed an anal rape and in sentencing him, termed this as the highest form of degradation of the complainant’s dignity.
"This will surely diminish her social confidence due to the potential stigmatisation of rape victims. She will also bear the burden of added shame as a reaction from others who know about the alleged rape and especially the way it was committed against her,” the Magistrate noted during sentencing.
Magistrate Morweng further noted that it was during the victim’s testimony that she said that during the rape, she begged him to at least kill her as what he had done to her was equal to murder. “This clearly shows the extent to which the rape impacted the complainant emotionally,” he said.
The magistrate further stated that rape is certainly a social justice problem, therefore, there is no doubt that society expects the law to be applied with full might to perpetrators.
"The court makes a finding that there are aggravating factors which necessitate the passing of a term of imprisonment above the prescribed minimum mandatory term of imprisonment. Therefore, the accused person Lection Jakobisi is hereby sentenced to an effective imprisonment term of 18 years for the offence of rape with aggravating circumstances contrary to Section 141 as read with Section 142(2) of the Penal Code,” the Magistrate said.
The sentence shall be backdated to the first date of his incarceration.
The background of the case is that the victim, Jakobisi’s aunt (friend to the victim) and Jakobisi had attended a party together. As the party ended Jakobisi volunteered to escort the victim back home but he had other ideas. On the way he attacked her from behind, arm twisted her, breaking her arm and proceeded to sexually assault her.
The court further heard that the accused committed an anal rape and in sentencing him, termed this as the highest form of degradation of the complainant’s dignity.
"This will surely diminish her social confidence due to the potential stigmatisation of rape victims. She will also bear the burden of added shame as a reaction from others who know about the alleged rape and especially the way it was committed against her,” the Magistrate noted during sentencing.
Magistrate Morweng further noted that it was during the victim’s testimony that she said that during the rape, she begged him to at least kill her as what he had done to her was equal to murder. “This clearly shows the extent to which the rape impacted the complainant emotionally,” he said.
The magistrate further stated that rape is certainly a social justice problem, therefore, there is no doubt that society expects the law to be applied with full might to perpetrators.
"The court makes a finding that there are aggravating factors which necessitate the passing of a term of imprisonment above the prescribed minimum mandatory term of imprisonment. Therefore, the accused person Lection Jakobisi is hereby sentenced to an effective imprisonment term of 18 years for the offence of rape with aggravating circumstances contrary to Section 141 as read with Section 142(2) of the Penal Code,” the Magistrate said.
The sentence shall be backdated to the first date of his incarceration.
