Rape convict learns the hard way

The Court of Appeal has ruled that an appellants ignorance of their HIV status is not 'exceptional extenuating circumstance' in a bid to overturn their trial verdict.

Molatlhegi Jonas was convicted and sentenced to 20 years for rape and five years for robbery both of which run concurrently.  However, he was contesting his rape sentence saying that it was too 'stiff'.  The Court of Appeal found that Jonas knew of his HIV status prior to the rape incident though he denies this. Court of Appeal judges Elijah Legwaila, Monametsi Gaongalelwe and David Newman agreed with a Selebi-Phikwe principal magistrate's decision to impose the 20-year sentence. 

“It is not within the powers of this court to reduce the sentence in the absence of exceptional extenuating circumstances. The appellant's HIV positive status is not an exceptional extenuating circumstance,” said Legwaila.

Editor's Comment
Justice served, but healing must follow

His horrific actions, betraying the trust placed in him to protect children have rightly been met with the full force of the law. Whilst we commend the court’s decision, this case forces us to confront uncomfortable truths about safeguarding our children and the lifelong scars such abuse leaves.Magistrate Kefilwe Resheng’s firm sentencing sends a powerful message that those who harm children will face severe consequences. Her words rightly...

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