Judge rebukes him for failing to control erection
“Why did you let your erection think for you?” Judge Lot Moroka demanded before sentencing a man to 10 years in prison for rape.
Appearing before Francistown High Court on Monday, Obonetse Boenyana, 35, was convicted of raping a 28-year-old woman in Letlhakane village on the 30th of March 2010.
Court heard how Boenyana attacked his victim as she walked home from a local shebeen, where both had been drinking till late into the night.
Overwhelmed by desire, he grabbed the woman by her throat, removed her underwear and then raped her in the street.
Giving evidence before court, a witness testified that Boenyana had earlier boasted he was going to have sex with the complainant ‘for such a long time, she would report him to the police’.
In his defence, the accused insisted the sex was consensual and that the complainant only reported him to the Police because of a misunderstanding.
He further claimed they were in love with each other but that the complainant held a grudge against him.
Pleading for leniency, he went on to say, “I am a first offender with two children and my mother is too old to look for them. I am the only child home so my children are not being taken care of.”
However an unimpressed Judge Moroka told the convict he should appreciate that a woman has the right to deny him sex, even if she was in a relationship with him.
Warning that rape violates the victim’s dignity as well as affecting their mind, Moroka said, “The sentence I am going to pass should send a message to those out there who may think of committing the same offence.
“The prescribed minimum sentence is 10 years unless there are exceptional reasons to reduce it and you did not have any exceptional reasons. I therefore sentence you to 10 years in prison, backdating to the 26 of April this year when you were convicted.”