Rapist sentenced to 15 years after luring woman with drugs

THE REGIONAL court in Springbok has sentenced Mario Swartbooi to 15 years of direct imprisonment after he was found guilty of raping a 19-year-old woman, whom he had promised drugs in exchange for helping him carry gravel.

National Prosecuting Authority (NPA) regional spokesperson Mojalefa Senokoatsane said the incident occurred on November 6, 2022, when the accused offered the complainant Mandrax.

"After assisting the accused, the accused suggested that they go to a nearby bush where they could smoke the drugs. They went to the nearby bush, where they smoked the mandrax,” said Senokoatsane.

"The effect of the drugs made the complainant lame and put her in a trance. The accused seized the opportunity to undress and rape the complainant. She started to fight off the accused and screamed for help when she came out of her trance. 

“A neighbour of the complainant heard her screams and went to see what was going on. He found the accused and the complainant still wrestling on the ground as the complainant tried to push the accused from her. The accused told the witness, who reprimanded him, that he was looking for his money that had been stolen by the complainant. The complainant kept on screaming and wrestling, and the witness went to search for help." 

He added that the witness returned and found the accused and complainant standing opposite each other, still arguing and with their private parts exposed. 

"The complainant got dressed and left the scene. The accused maintained that he was looking for his money. The matter was reported to the police the same day, and the accused was arrested the following day." 

Senokoatsane stated that the accused was linked to the offence through DNA.

"During his bail application, the accused denied all allegations against him, stating that on that specific day, the complainant offered sex for money. Furthermore, they started kissing, but he could not get an erection due to his back injury. He further alluded that they tried and tried, but nothing happened. According to the accused, the complainant got irritated, jumped up and started screaming. His defence was that he never raped the complainant or had sex without her consent as he was unable to get an erection." 

He added that during his plea explanation, the accused admitted to having sexual intercourse with the complainant but claimed that it was consensual. 

"During cross-examination, the State presented bail recordings that contradicted the accused’s account. Throughout cross-examination, the accused’s version of events changed multiple times, ranging from consenting intercourse to an attempted but unsuccessful act due to erectile dysfunction, and finally to denying any sexual intercourse altogether. The accused failed to provide a satisfactory explanation for the physical struggle on the ground or how his DNA was found on the complainant’s private parts." 

Senokoatsane stated that in aggravation of sentence, the prosecution informed the court that the accused had a prior conviction for rape and showed no remorse for his actions.

"Reference was made to established case law describing rape as a 'humiliating, degrading, and brutal invasion of the privacy, dignity, and person of the victim'. Consequently, the prosecutor requested that the court find no substantial and compelling circumstances to deviate from imposing the prescribed minimum sentence. 

“In sentencing, the court thoroughly evaluated the evidence and found the accused’s account to be untruthful and inconsistent. Consequently, the court convicted him of rape and imposed a direct sentence of 15 years’ imprisonment, underscoring the gravity of the offence and the need for justice to be served." 

He highlighted that the NPA was steadfast in fighting gender-based violence and femicide (GBVF).

"We remain resolute in our mandate to prosecute offenders with the full force of the law. The NPA will relentlessly and decisively pursue justice, ensuring that convictions and sentences handed down by the courts reflect the full gravity and brutality of these heinous crimes. This unwavering stance reaffirms our commitment to protecting victims, restoring public trust, and upholding the rule of law," said Senokoatsane.