Minimum sentence increased from 10 to 20 years
On 15 September, Minister of Justice, Machana Shamukuni announced that the Penal Code Amendment Act of 2021 was officially in operation.
The declaration spelt bad news for sexual predators.
It meant that from now onwards, anyone found guilty of rape faces a prolonged spell behind bars, with the MINIMUM sentence doubled from 10 to 20 years.
Harsh or fair? The Voice’s CHRISTINAH MOTLHABANE took to the streets of Ghetto to find out what the public think….
KAGISO JANI (Lawyer)
Rape is a barbaric incident and traumatic to the victim. However, care should be taken not to wrongly convict innocent accused persons. I am otherwise content with the new penalties.
BOTHO BOLOWE (36)
According to me 20 years is a lenient charge. Why not sentence them to death? Rapists take one’s dignity and leave them distraught for the rest of their lives. Imagine a man raping an elderly woman or a child then he gets 20 years and comes back to the society. These people deserve to be hanged. Sometimes they rape a two-year-old baby, just imagine, an innocent baby! These people are heartless, and the law has to be too. I do not feel sorry for them at all, more so that I have a girl child. If there is enough evidence, they should just head up straight to the hangman.
PETER NGOMA (Former Mayor)
It is a difficult one because you find that some women report that they have been raped whilst they were not. You find that they sleep with men to be paid and when the man does not have money, they report him. This one it has to be looked at. Innocent people are in prison because it was said that they have raped when they did not.
Myself I do not have a problem with those who definitely raped going to prison. I am against rapists, and I want them to be severely punished.
My worry is when a man is blackmailed then it ends up to saying he has raped. Imagine him going to prison when the woman has agreed to sleep with him then changes the statement. And this crucial information has to reach those in the rural villages too like in Tsokotshaa. Most of the people do not listen to radios nor watch televisions and they will only learn about the 20 years sentence in court.
KEITIRETSE LOTEGANG (35)
I agree with the 20 years minimum sentence. It will surely teach those who want to commit the same offence to be scared to do it. Rape is a serious offence, and it needs a stiff sentence. Being raped leaves one traumatised for life.
KOPANO MATHODI (45)
I do not agree with increasing the minimum sentence at all. What if an innocent person is charged 20 years for something he did not do? The government has to look at these from all the angles. There have to be concrete evidence that shows someone was raped or else the innocents are going to be many people in prison for sleeping with selfish people. Yes, if there is evidence then 20 years in jail is a good sentence as it will also send a strong message to the perpetrator and the society.
TEBATSO MAKUWO (36)
The act is not fair because some people are going to fabricate just to ruin someone’s life. I think there should be a special unit in Botswana police which specializes with rape cases because these issues involve conflicts. Some people will do it deliberately knowing full well it’s a trap. For example, if I want someone to go to jail for 20 years, I can send someone to sleep with him and claim they have been raped the following day.
As a father of two teenage girls, I would say 20 years isn’t deterent enough for wuold-be rapists. What I fail to understand is why is the law dead silent on those proven to have lied about being raped? There are so many innocent people whose lives have been destroyed by vindictive evil persons on false claims. The law should equally protect the (other) vulnerable gender on the receiving end of false claims.