30 years for raping 11-year-old: Family member sentenced for heinous crime

The Mothibistad regional court has handed a 30 year sentence to accused Mosimaneotsile Selohela, 58, following his conviction for raping an 11 year old family member.

National Prosecuting Authority (NPA) regional spokesperson Mojalefa Senokoatsane said the incident took place in Hertzog village near Kuruman during January 2016, in the village of Hertzog.

"The accused was at the girl's home, as they are relatives. He asked the victim, who was 11 years old at the time, to accompany him to fetch sugar from his place. Upon their arrival at the accused’s place, the accused raped the victim and told her not to tell anyone or else he will hurt her." 

He added that the complainant revealed what had happened to her during the night after her mother noticed that she was crying in her sleep and was experiencing pain. 

"The girl’s mother asked her in the morning why she was crying and she indicated that her “utata,” as she referred to the accused, had raped her when she went with him to fetch sugar. The matter was reported to the elders. The accused was summoned to a family meeting, and he denied the allegations. It was during that time that the girl reported that it was not the first time that the accused raped her. The matter was reported to the police, and the accused was arrested and later released on bail." 

Senokoatsane said the trial that started on May 10 2017, was delayed for several reasons, including the attorney withdrawing from the case, and incomplete transcripts.

"State prosecutor Thapelo Motseonageng argued that the accused abused his position of trust as an elder and a family member of the child. The accused took advantage of a vulnerable child, and throughout the trial, the accused never showed any remorse. The prosecutor further argued that there were no substantial and compelling circumstances to deviate from the prescribed sentence and that the accused deserves life imprisonment." 

He added that the magistrate found the child to be a credible witness who told the truth.

"Her evidence was corroborated by her mother and the doctor, who confirmed that indeed the victim was penetrated. Despite vigorous cross-examination, she stood by her version that she was raped by the accused." 

Senokoatsane stated that the court, during sentencing, took the gravity and brutality of the offences into account. 

"The accused was sentenced to 25 years imprisonment for rape and another 25 years for another charge of rape. The court ordered that sentences should run concurrently with an effective sentence of 30 years' direct imprisonment."

The court further ordered that the accused’s name be entered into the National Register for Sex Offenders, a critical step in ensuring that his identity is flagged. The presiding officer found that the accused posed a serious and ongoing threat to children and the broader community and, accordingly, declared him unfit to work with children. He was also declared unfit to possess a firearm." 

He added that the NPA remained resolute in confronting the scourge of gender-based violence, especially when innocent children were the victims of vile and heinous crimes.

"This sentence sends a strong and unequivocal message that the justice system will not tolerate the rape and violation of women and children. The NPA is committed to protecting the most vulnerable in our society and to ensuring that perpetrators of such heinous crimes are permanently removed from our communities," Senokoatsane stated.