“She is mentally ill but her private parts are normal,” claimed a convicted rapist
A 59-year-old man was let off the hook from spending the next 10 years in prison although he was found guilty of raping a mentally challenged neighbor.
Lekopanye Gaisang of Boiteko Ward in Botswana had pleaded not guilty to having sexual intercourse with a 57-year-old mentally challenged woman of the same locality arguing that they had consensual sex.
In addition to consensus, Gaisang had also argued that his victim was only challenged from the neck to the head while the rest of the body was normal.
He told the court that he never tampered with the challenged area of the woman as he only had sexual intercourse with her.
“Her private parts are normal, Your Worship. When we had sexual intercourse, she responded positively proving that she was in agreement with what we were doing. And her private parts are as normal as those of other women I had sexual intercourse with before,” Gaisang told the court.
However, Gaisang was found guilty by Francistown senior magistrate Dumisani Basupi due to overwhelming evidence that was presented in court by the prosecution during trial.
But the magistrate had to dole out justice with leniency upon realizing that the accused person was of a poor background.
When sentencing Gaisang, Basupi took into consideration that the accused person is a first-time offender and that the accused person acted out of ignorance.
In terms of Section 314 of the Criminal Procedure and Evidence Act of Botswana, Basupi sentenced Gaisang to a reprimand.
Basupi ordered Dukwi local police to use their discretion in reprimanding and warning the accused person such that he does not end up on the wrong side of the law again.
The court proved that on June 30 2014 around 7 a.m., Gaisang had sexual intercourse with the complainant knowing her to be mentally challenged.
The Assistant Superintendant, Oteng Selalame prosecuted the matter while the accused person had no legal representation.