…Accused Faces Two Other Similar Counts
Maun Chief Magistrate Thebeetsile Mulalu has convicted an 80 year old man of Lephane cattle post near Maun for raping his 12 year old step daughter in 2020.
The accused, who initially pleaded guilty for all the three counts of rape he committed between 2019 and 2020, on Monday made a u-turn on the other two counts committed in 2019 arguing that the complainant had consented to the act.
The accused has since been found guilty on his own plea for the third count while the other two have been changed to plea of not guilty. Case Management Conference (CMC) for the other two counts has been set for the 17th October.
On remanding the accused person, state prosecution had a tough decision to make looking at his age as Mulalu enquired on whether he will continue being out on bail pending his sentencing.
However, prosecution argued that the accused person committed a serious offence and therefore pleaded for his remand which was subsequently granted by the court.
The old man who supported himself with a knobkerrie with his left hip raised and the right hip slightly lowered told court that he pleaded guilty to both counts at first because the victim was a minor. The old man further confirmed that he knew the victim was 12 years by the time both incidents took place.
“I previously pleaded guilty because the complainant was a minor but on the first and second counts the complainant has agreed to have sexual intercourse with me while on the third count I honestly forced her to have sexual intercourse with me,” the old man told court.
The accused person is alleged to have on three different occasions unlawfully had sexual intercourse with the complainant at their cattle post. On the first count, the accused person is alleged to have some time in July 2019 following the complainant’s arrival from school dragged her to his bedroom and raped her.
Around May 2020, the accused is said to again forced himself on the complainant, and only stopped the act when the victim’s friend came over to the house looking for her. He then instructed the complainant not to tell anyone about the incident.
On the third count, he is said to have raped the complainant on the 17th October 2020. The old man is said to have instructed the complainant to take her school uniform to his house and then followed her into the house where he proceeded to her, and while on the act, the complainant’s nephew and brother are said to have arrived and witnessed the act, before reporting the matter to the police.