“You’re lucky it’s not 20!” Magistrate
Maun Magistrate Court has sentenced a Nxaraga man to ten years behind bars after finding him guilty of raping his minor cousin at the cattlepost.
The suspect, who cannot be named due to his close relation to the 13-year-old victim, is said to have tricked the little girl into accompanying him into the bush to look for a missing donkey at Moruleng cattlepost on or about 11 January 2022.
During the search, the accused, 33, allegedly dropped the rope which was intended to restrain the donkey and ordered the girl to pick it up. As she bent over, the cousin tripped her and molested her.
In sentencing, Magistrate Thebeetsile Mulalo noted the rapist was an extremely lucky man, as his case was finalised before 14 September, when the minimum sentence for rape was amended from 10 to 20 years.
According to, Mulalu the convict displayed remorse throughout the case, as he readily wanted to plead guilty on two occasions and did not ask many questions of the prosecution.
“He readily accepted the evidence of the prosecution. However, the court will also consider that he is charged with a serious offence of rape. Offences of sexual violence against women and children have now assumed pandemic proportions in our jurisdiction,” mentioned Mulalo.
The Magistrate further noted that the child molester did not care to use protection, putting the victim at risk of contracting HIV and other sexual transmitted infection.
“The complainant in the matter is a younger relative who trusted him,” added Mulalo.
After the incident was reported, the complainant was taken for medical attention where it was confirmed she had indeed been penetrated. Genital swabs were collected from her as well as the suspect’s blood sample and the DNA profile which was found in her was consistent with his blood sample.
The accused did not say much in mitigation, except to pray for leniency as he is taking care of his ailing mother and two children.
The sentence will take into account a period of 24 days he spent in custody pending finalization of the matter.
