COURT SENTENCES OFFENDER TO A 5- YEAR SUSPENDED PRISON SENTENCE
A man who had sex with a mentally challenged young woman has been spared a prison sentence.
The rapist, Tshoganetso Keikanetswe was in a jubilant mood on Monday at Marapong village celebrating a five year- prison sentence wholly suspended for having sex with a 21-year-old imbecile.
36- year -old Keikanetswe was charged with “Unlawful carnal knowledge of a person he knew to be an idiot or imbecile on the 31st of August 2019 at Marapong village.”
The offence carries a maximum sentence of a prison term not exceeding 14 years in jail.
Passing the sentence, Francistown Senior Magistrate Game Mooketsi said Keikaneswe will serve six months extramural at Marapong customary court and after certified fit he will get corporal punishment.
Magistrate Mooketsi also noted that the accused had pleaded guilty to the charge thus showing a sign of remorse.
“The accused had a clean record for the past 34 years which shows he was also a law abiding citizen. In his mitigation he mentioned that he is the one taking care of his grandmother. The court also have to consider that he knew of the victim’s disability and took advantage of that,” said Magistrate Mooketsi.
The evidence submitted in court had indicated that at around 1910 hours on the said date,Keikanetswe was found by the mentally challenged woman’s sister at a nearby stream in the middle of the sexual act with the victim.
Upon seeing the sister to the victim, Keikanetswe threw stones at her and she ran to tell her mother. That is when the matter was eventually reported to the police.
It was also heard that upon confrontation Keikanetswe did not deny having sexual intercourse with the victim.
He explained that while they were drinking beer at Mmachenamani’s place he met the victim and asked her using sign language to have sex with her.
According to the accused, the victim agreed and that is when they proceeded to the nearby stream to have sex.
Any period not exceeding 14 years