08 Aug 2019

Jwaneng magistrate, Mr Odirile Mokgatle has set September 23 as the date of sentence in a case in which Lentikile Kemokweni is accused of rape.

Particulars of the case are that Kemokweni on or about February 4 last year at Kanaku settlement near Mabutsane unlawfully had carnal knowledge of the victim without her consent.

In self-defence, the accused said he was surprised that the complainant initially laid a charge of harassment against him, only to change later and report rape, an offence he denied.

He argued that the complainant even failed to produce any evidence to support her case, which he said indicated that the matter was fabricated.

He said prior to the said incident, he had agreed with the complainant, who was his girlfriend that they would spend the night together, and later came to collect her as agreed.

“We had consented sexual intercourse that night and I was only surprised in the morning when the police knocked on my door and informed me that a case of harassment has been laid against me. 

When I got to the police station the complainant changed and instead laid a case of rape,” he said.

However, the prosecutor, Inspector Bajaki Matsetse said the accused failed to ask the complainant and her witnesses vital questions on why they changed their statement during the cross examination.

He said Kemokweni even failed to take the forensic expert to task as to how his DNA was found in the complainant’s underwear.

“The forensic report also indicated that the complainant had bruises on her cervix, which was an indication that sex was forceful, and initially the accused denied that any sexual activity took place, only admitting that later on realisation that evidence was stacked against him,” he said.

Magistrate Mokgatle also wondered about the accused’s honesty, and why he accused the complainant of having changed her case from that of harassment to rape only in her absence.

“You should have put that to the complainant while she was still on the witness stand so that she could either dispute or confirm it. Now I wonder what the use is of only bringing it up now in her absence,” he said.

The prosecution is expected to file its submissions on August 14, with the accused expected to similarly file on August 21 before sentence is passed. ENDS