29 Jul 2021

Legislators have supported the Penal Code Amendment Bill that seeks to impose stiffer penalties on sexual offences.

The bill also seeks to make provision for compensation of victims of sexual offences as well as criminalise false allegations of sexual offences.

MPs stated that the proposed law would help curb gender based violence (GBV) and force perpetrators to account for their wrong deeds.

Molepolole South MP, Mr Kabo Morwaeng, said it was the duty of Parliament to assist courts and organisations dealing with cases of GBV to rid society of the scourge.

He said perpetrators of sexual offences were mostly men, thus calling for stiffer penalties and a specific law to deal with those who abused young boys.

Mr Morwaeng also called for empowerment of courts and investigating officers to ensure appropriate sentences were ordered.

Mahalapye West MP, Mr David Tshere, decried lack of enough consultation on the bill. He underscored the importance of public education on rape instead of rushing to punish offenders, especially young people who mostly committed out of youthful exuberance.

Molepolole North MP, Mr Oabile Regoeng said the bill was timely, further highlighting the need for public education. He also said the penal code should be part of the school curriculum.

Serowe South MP, Mr Leepetswe Lesedi, called for a different approach to deal with repeat sexual offenders. He  said punitive measures alone were not enough given the recurrence of such offences notwithstanding the sentences imposed.

Francistown East MP, Mr Buti Billy, said the proposed law would deal with the increasing number of rape cases, arguing for stiffer penalties for defilement offences.

Lerala-Maunatlala MP, Mr Setlhabelo Modukanele said the rate of rape cases was indication of a raptured society, advocating for stringent measures against defilement.

For HIV positive rapists, he said they should bear the brunt for infecting other people. Francistown South MP, Mr Wynter Mmolotsi commended the proposed amendments in that Batswana resented rape. He said there were known hard core criminals who committed rape with impunity.

Mmadinare MP, Mr Molebatsi Molebatsi also weighed in on the proposed amendments, stating that sexual offences must attract commensurate sentences. Mochudi East MP, Mr Mabuse Pule also welcomed the proposed legislation which he said would rid society of atrocious crimes.

He said rapists who terrorised victims should be punished severely in addition to naming and shaming sex offenders.

Ngami MP, Mr Carterpillar Hikuama supported the bill but noted that those who faked rape should also get stiffer sentences because false accusations tarnished others’ image.

Mr Hikuama also said the proposed law should take into account maturity age and that incest should be clearly defined because some cultures allowed for marriage between cousins.

Specially elected MP, Ms Beauty Manake described rape as an undesirable social ill that left survivors with indelible emotional scars. She reasoned that rape was a traumatic experience and those who fell pregnant should be allowed to abort.

Gaborone Bonnington North MP, Ms Annah Mokgethi said the proposed amendments would deal decisively with such heinous crimes. She called for awareness among the youth in that some committed gang rapes out of youthful exuberance.

Ms Mokgethi said it was embarrassing for a small country such as Botswana to be ranked number two in rape incidences. “It must appeal to our conscience that it is morally wrong to defile girls under the age of 18,” she stressed.

Takatokwne MP, Mr Tshoganetso Leuwe threw his weight behind the bill, stating that Batswana had always decried lesser sentences, allowing rapists to repeat their offences.

He welcomed compensation for rape victims even though it was not a form of closure.

Ramotswa MP, Mr Lefoko Moagi spoke against false accusations, and advocated rehabilitation and education for sexual offenders.

Boteti East MP, Mr Sethomo Lelatisitswe supported the bill, reasoning that rape cases were a cause for serious concern.

Okavango MP, Mr Kenny Kapinga opposed the bill, stating that fundamental principles of crafting a law were flouted.

He dismissed the proposed amendments as populist because the object of the bill was more concerned with punishment.

Mr Kapinga argued that it was clear that judges and magistrates were not applying themselves when imposing sentences.

He observed that the proposed number of years warranted offenders to seek legal representation. In that regard, he argued that the proposed amendments denied victims justice because they were offered little or no psychosocial support.

For his part, Tonota MP, Mr Pono Moatlhodi said the bill was too harsh and punitive, which he regretted was not a solution to GBV.

“Our responsibility as Parliament is not just to punish, but to rehabilitate offenders,” he stated. ENDS