A Tonota young woman, who had fled from her rapist and reported the attack to the police, was raped for the second time while awaiting police help.
The woman, who was sharing a bed with her grandmother, was abducted by a neighbour who went on to rape her in the middle of the night.
Although the young woman managed to escape from her assailant and reported the issue to the police, she was raped again a while later by the same man while awaiting police assistance.
Francistown Chief Magistrate Lorraine Makati Lesang on Friday sentenced 26-year-old Monkgogi Leso of Lesenepole in the Tonota sub district to 10 years imprisonment for allegedly raping his neighbour.
According to the summary of the state evidence, on the night of 24 March 2008, Leso knocked at the woman’s house demanding to be let in. On noticing her neighbour’s voice, the unsuspecting young women opened the door. The victim’s grand mother, who was sharing a bed with her, tried to intervene, but Leso allegedly brushed her aside, saying he did not want to speak to old women before proceeding to rape the victim.
After the incident, Leso fell asleep and the woman escaped and went to report the attack to the police. When Leso woke up to find his victim gone, he followed her to her house where he forcefully abducted her. He took her to the same house where he repeatedly raped her again before the police arrived. She was later rescued by the police with the help of her grandmother.
The police charged Leso with rape before taking him and his victim to Tonota Clinic to be examined by the doctor. The doctor who gave evidence in court said the victim bore no marks of assaults, injuries or forced penetration but said there was a clear indication that there was sexual contact, which he could not dismiss as evidence.
Leso dismissed the rape allegations and gave sworn evidence that the woman was his girlfriend. He claimed that the woman had consented to sex.
He claimed that they had a long standing relationship and that they had not seen each other for a long time.
The state prosecutor dismissed Leso’s claim as a lie.
“This clearly shows that the woman had not consented to his demands as at one point she escaped to her parents’ home,” said the State Counsel
Chief Magistrate Makati highlighted that even if the court would give benefit of doubt to the accused about the girl being his girlfriend, the law does not grant him the right to have sex with her any time he wanted without her consent.
She further pointed out that there was enough evidence that the complainant had escaped the abduction to call the police, which no sane person would go back to the same house after summoning the police.