Molepolole Chief Magistrate, Gaseitsewe Tonoki, is scheduled to pass sentence on November 28th, 2023, against a 33-year-old Zimbabwean man who was found guilty of defiling a 15-year-old boy two years ago.
In his defense, Maxwell Masvodza, who arrived in Botswana in 2017, recounted the events, stating that in March 2021, he was at Okanyatsa Bar in Lentsweletau around 9 pm.
He explained that the victim approached him, requesting his beer, to which he refused due to COVID-19 concerns and instead offered money for the boy to buy his own.
Masvodza asserted that they later moved outside as the bar was closing, unaware of the boy’s age as he assumed children under 18 weren’t allowed in bars.
He added that the boy used his phone for Facebook and, upon requesting it back, the boy claimed to be still engaged in conversation and he decided to follow Masvodza to his home.
However, the Chief Magistrate dismissed Masvodza’s account, stating that at the boy’s age, his appearance clearly indicated he was a minor.
The Magistrate emphasized that an adult engaging in sexual activity with someone whose appearance suggests they are underage cannot claim ignorance of the victim’s age.
The Magistrate highlighted the victim’s confident and consistent testimony, leading to the decision to find Masvodza guilty of the offense of defilement as charged. “In his testimony he was outmost confident. I’m satisfied that his testimony was credible and of confident, therefore I find the victim as a credible witness. I therefore find the accused guilty of the offence of defilement as charged,” concluded the Chief Magistrate.