2RAPISTS BEWARE Stiffer penalties for sex offenders
Minimum sentence for rape is 20 years in prison Brothels remain illegal in Botswana
Botswana has managed to successfully amend the Penal Code and put in place stiffer penalties for sexual offences, in an effort to curb growing cases of Gender Based Violence (GBV) in the country.
The amended laws make provision for compensation of victims of sexual offences and also criminalise false allegations of sexual offences.
Rape and defilement are topping crime lists locally with statistics revealing that by end of 2022, 4 500 women had been raped countrywide, an increase of 400 cases from 2021.
Available information for this year reveals that from January to March, the police recorded 617 rape and 469 defilement cases.
According to a communique from the Ministry of Justice sent to the police, the Directorate of Public Prosecution (DPP) and the Administration of Justice, Minister of Justice Machana
Shamukuni signed the statutory instrument commencing Act No.27 of 2021 on the 12th September 2023.
This means that once found guilty, rapists will be sentenced to a minimum term of 20 years’ imprisonment from the initial 10 years, or to a maximum term of life imprisonment.
And if it is found that the act of rape was attended by violence, the minimum sentence increases to 25 years in prison from 15.
Furthermore, the rapist shall be required to undergo a test for HIV/ AIDS and if found to be positive and they deliberately infected their victim, they will be sentenced to a minimum of 30 years from 20 in prison and a maximum of life imprisonment with corporal punishment.
The law also says in cases where a person convicted of the act of rape is found to be a parent or guardian, a repeat offender or the victim is a minor, person with disability, the minimum sentence is 30 years in prison.
Moreover, judges may in addition to
whatever punishment they award order the guilty person to pay the victim by taking into account the pain and suffering of the victim, mental injury and cost of medical treatment.
Any person who makes false allegations suggesting that someone committed a sexual offence is liable to imprisonment for a term not exceeding three years.
The new laws have also been enhanced to ensure that brothels remain illegal in Botswana. Any person who is found guilty of persuading anyone to engage in unlawful carnal connection either in Botswana or elsewhere, or even persuade them to leave Botswana for the purposes of prostitution or become an inmate of a brothel will be charged a fine of P500 000 or sentenced to a minimum of 15 years in prison.