A Sehithwa man convicted of defilement shocked a packed Maun Magistrates court when he claimed to have been in a relationship with his 11-year-old victim.
Kebonyemodisa Majatsie, 20, who pleaded not guilty to the charge, had told the court during trial that he was dating the victim who was a standard five pupil adding that he was unaware that it was unlawful to date or have a sexual intercourse with a girl under the age of 16.
Majatsie who was 17 when he committed the offence further told the court that the girl had agreed to sleep with her. “She had agreed to sleep with me and it was clear that she understood what sex is, she was not a virgin,” said Majatsie in his statements.
The convict who is a first offender however refused to mitigate.
When sentencing the accused, Magistrate Taboka Mopipi explained that there were no extenuating circumstances as to why the accused committed the offence. “What you did has damaged the victim psychologically and it would remain in her mind forever”.
The magistrate further stated that the age difference was huge and that the accused was old enough to be the victim’s elder brother and had a duty to protect her. “You acted negligently and irresponsibly. Moreover you are not even in the same age bracket. Therefore you are convicted to ten years imprisonment”.
Majatsie was arrested after the victim’s parents reported the matter to the police.