05 Jun 2016

 A 19-year old Molepolole teenager, Desmond Gaotlhaole accused of raping an American Peace Corp sometime in November last year was sentenced to a 10 year jail term by Molepolole principal magistrate William Modise.

The Ntloedibe ward teenager was sentenced following conviction of raping the US national at a single roomed house rented by the accused and the complainant’s boy friend.

Magistrate Modise said the court was not in dispute that the accused had carnal knowledge of the complainant but it was for the prosecution to establish whether the sexual encounter was consensual.

 However the accused argued that the complainant invited him up on the bed since her boyfriend was deep asleep. “The question is, if there was consent why was the boyfriend woken up by the complainant and told him about the incident?” questioned Mr Modise.

He said although the doctor’s report did not notice any injuries, it did not however exclude forced intercourse.

The magistrate highlighted the fact that a forensic analyst revealed a match on the accused DNA and the one found on the complainant’s underwear was an indication that the prosecution had proved its case beyond reasonable doubt against the accused.

Modise also considered the complainant a credible witness whose evidence was corroborated by other witnesses, a clear indication that the prosecution had done its assignment appropriately.

When given a chance to mitigate before sentencing, the accused pleaded for leniency arguing that he was a first offender, a teenager who had the potential to develop as he was still schooling, and had already served eight months imprisonment.

Magistrate Modise however dismissed the accused’s plea for backdating the sentence saying the eight months he spent in jail would not be considered because the chain of custody was broken as he was granted bail.

“I have taken into account your mitigating factors and also the fact that you are a first offender, a young man, who can still reform but unfortunately the offence you are convicted of is a serious one  which takes a maximum penalty of 10 and plus years,” the magistrate said.

He however dismissed as an afterthought and fabrications claims that the two had agreed on sexual intercourse stating that even if they had  agreed, it did not make it morally right for a man to sexually desire his friend’s girlfriend. ENDS