20 Oct 2024

A 38-year-old father (whose name cannot be mentioned to protect the child’s identity) convicted of raping his own daughter should be slapped with a severe punishment for his immoral and unspeakable conduct. 

The state prosecutor, Ms Seeletso Ookeditse said on Thursday as she implored the Magistrate Goratile Moremi-Ramakoloi of the Broadhurst Magistrate’s Court not to sentence the convict, to anything less than 30 years behind the bars. 

She said the offence in its form qualifies for the maximum sentence of life imprisonment. 

“In the event the court sentences him, it should not go below 30 years as he has not shown any exceptional extenuating circumstances. The maximum imprisonment he can get is life imprisonment,” Ms Ookeditse pleaded with the Magistrate. 

Although only the High Court can impose a life imprisonment on the convict, she said there was nothing from the convict’s mitigation that warranted the court’s mercy. 

On the contrary, she said the prosecution noted several aggravating factors from the matter. 

“The convict is the victim’s father and this aggravates the matter, Your Worship,” Ms Ookeditse remarked. 

Also, she said the victim was 13-years-old when the offence first was committed. 

She also said rape on its own was aggravating as it was the most terrible offence any woman could go through, as it was horrible, despicable and it took away the victim’s dignity. 

Further, she said the convict breached the trust the child had on him as a father and also abused his authority. 

She said when the child’s mother took up a job in Maun, the convict seized the opportunity to sexually exploit the child. 

“No person in their right mind can doubt the trauma and the hurt as well as the emotional shock that the victim will live with for the rest of her life,” adding that what was even worse was that such was done by her father. 

Furthermore, she said the father was negligent as the child’s custodian, as evidence suggested that he left the child alone on the night of September 8, only to appear in the morning of the following day to rape the child. 

Ms Ookeditse said although the convict agreed to two rape incidents, the child had been subjected to rape for a prolonged period of one year and seven months, which dates back to September 9, last year. 

Ms Ookeditse further said the offence was committed at the child’s place of abode where she was to build life memories. 

“Unfortunately for the victim, her memory is of her being abused by her father,” she stated. 

She further said when considering the moral blameworthiness of the case, it was not morally acceptable for a father to sleep with her daughter, adding that even the legislation abhors rape. 

During mitigation, the convict, who hails from Machaneng and was staying at Tsholofelo in Gaborone, said he was the family breadwinner and taking care of her aged mother and the children of his late sibling who passed away this year. 

He further said what happened was a mistake. 

The convict, who was a security officer at Zebra Security and has pleaded guilty to raping her daughter, will be sentenced on October 28. ENDs