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Betrayal of trust: House guest sentenced to 12 years for rape

Morgan Morgan|Published

A trusted guest who raped a woman in her sleep after a night of drinking has been sentenced to 12 years in prison by the Kimberley Magistrate’s Court.

Image: Morgan Morgan / DALL-E / DFA / Illustration

A KIMBERLEY man has been sentenced to 12 years of direct imprisonment for raping a woman who had trusted him enough to welcome him into her home.

The 30-year-old offender, Cheslin Robertson, was convicted in the Kimberley Magistrate’s Court after the court rejected his version of events and found him guilty of rape. He was also declared unfit to possess a firearm, and his name will be listed in the National Register for Sex Offenders.

National Prosecuting Authority regional spokesperson Mojalefa Senokoatsane said the disturbing incident took place at a residence in Homelite, where Robertson, a regular visitor to the household, had been drinking with the 40-year-old victim. 

Robertson later fell asleep on the complainant’s couch. At her request, he relocated to her son’s bedroom, where the child was already asleep.

The complainant, who continued drinking that evening, later attempted to go to bed but found her room occupied by her daughters and grandchildren. Relying on the familiarity and trust she had in the accused - who had previously spent the night at her home - she chose to join him and her son in the child’s bed.

She later awoke to the horrifying realisation that the Robertson was raping her. While he insisted the encounter had been consensual, the complainant stated that she had been asleep and intoxicated at the time, rendering her unable to give consent.

The State, represented by prosecutor Leilani Kappers, argued that Robertson showed no remorse, having lied to the court even when given the opportunity to speak truthfully. His actions were a clear betrayal of the trust placed in him, and the prosecution urged the court to impose a sentence that reflected the gravity of the offence and sent a strong message to other perpetrators of gender-based violence. 

The court ultimately dismissed his version of events, found him guilty of rape, and acknowledged the profound violation of the victim’s dignity and trust. In handing down the sentence, the court underscored the importance of delivering justice in cases involving gender-based violence.

Senokoatsane emphasised that the NPA remains firmly committed to tackling gender-based violence with the full force of the law. He stressed that a clear and uncompromising message must be sent: the NPA will not relent in its efforts to combat this pervasive crime. Sexual offences will continue to be treated with the utmost seriousness by the courts, as the NPA works tirelessly to uphold justice and safeguard society’s most vulnerable.