RAPIST’S ARGUMENT, BACKGROUND SAVE HIM FROM JAIL
A rustic background has saved a 59- year –old man from spending the next 10 years in jail although he was found guilty of raping a mentally challenged neighbour.
Lekopanye Gaisang of Boiteko ward had pleaded not guilty to having sexual intercourse with a 57-year-old embecile of the same locality arguing that they had consensual sex.
In addition to consensus, Gaisang had also argued that his victim was an embecile from the neck to the head while the rest of the body was normal.
He told the court that he never tempered with the abnormal area of the woman as he only had sexual intercourse with her.
“Her private parts are normal Your Worship. When we had sexual intercourse, she responded positively proving that she was in agreement with what we were doing. And her private parts are as normal as those of other women I had sexual intercourse with before,” Gaisang told the court.
However, Gaisang was found guilty by Francistown senior magistrate Dumisani Basupi due to overwhelming evidence that was led in court by the prosecution during trial.
But the magistrate had to temper justice with mercy upon realizing that the accused person was of a poor background.
When sentencing Gaisang, Basupi took into consideration that the accused person is a first offender and that the accused person acted out of ignorance.
The magistrate further stated that the accused person is about to be a senior citizen and has never committed any crime before.
“But above all, it is his rustic background that he showcased during the cross examination when he asked his victim’s son why he was the only one being prosecuted and not his father?’” he said.
In terms of Section 314 of the Criminal Procedure and Evidence Act, Basupi sentenced Gaisang to a reprimand.
Basupi ordered Dukwi police to use their discretion in reprimanding and warning the accused person such that he does not commit offenses again in future.
The court proved that on June 30 2014 around 0700hrs, Gaisang had sexual intercourse with the complainant knowing her to be an embecile.
Assistant Superintended Oteng Selalame prosecuted the matter while the accused person had no legal representation.