A Molepolole Magistrates court is expected to hand down judgement on the case of a Zimbabwean man accused of raping a 15-year-old boy in Lentsweletau.
Last week Thursday the accused, Maxwell Masvodza (33)- who has since maintained his innocence, issued his written final submissions before court and judgement on the matter is expected to be delivered on June 5th, 2023.
During trial the last state witness, Norman Motimane- a Forensic Scientist from Botswana Police Forensic Laboratory, told the court that no DNA evidence was obtained from the anarectal swabs.
“The scenario that led to the conclusion is that there might not have been any sexual contact between the accused and victim. It might be that there was sexual contact but the following instances might have happened during occurrence or after; there might not have been any ejaculation and the other condition might be that the victim bathed soon after the incident. The other scenario is that a condom might have been used,” explained Motimane.
In his defence, Masvodza who came to Botswana in 2017, denied the accusation leveled against him, arguing that the charge was a mere fabrication by the complainant.
When narrating his version of events, Masvodza said on March 2021 he went to Okanyatsa Bar in Lentsweletau at around 9pm and later he saw the victim who came to him and asked for his beer. “I told him not to share since it was during Covid -19 pandemic and I gave him money to buy for himself. When it was time for the bar to close we went to sit outside, I didn’t consider that he was of underage since I knew children below the age of 18 are not allowed in bars, so I didn’t even bother asking his age,” explained Masvodza.
He further said the boy borrowed his phone to go on Facebook and later when he demanded the phone back the boy told him that he was still chatting and suggested walking with him so he could keep using the phone.
The accused man revealed that when they approached the junction where they were supposed to part ways and he demanded his phone back, the boy ran away with it and he chased after him to get the phone.
The court heard that it was later after 5 days when Masvodza went to the shops where he met a certain lady who asked him his names and if he was the man selling vegetables. After he confirmed to be the one, the woman phoned two men who immediately arrived in a car and took him to the police.
“The other man accused me of raping his son and the police rebuked him saying he should leave the matter to them. I remained with the police and later they released me to go home. Later in October the police came to arrest me at my place and they took me to Molepolole police station,” explained Masvodza.
However, the prosecution challenged the accused man’s statement noting that during the time the boy was giving evidence in court, he did not deny taking the boy to his place and having anal sex with him twice, on March 22nd and 24th.
Masvodza denied the accusation noting that he was never given the chance to further interrogate the boy. “I wanted to ask the boy if he knew where I stayed and the magistrate told me to ask questions in relation to having sex with him,” Masvodza concluded.