Guilty of raping boss’ guest
ALobatse man has faced the wrath of the law and will soon spend time behind bars for raping one of his boss’ guests. Lobatse Magistrate, Gofaone Morweng last week found Mooketsi Mmolawa guilty of rape.
The background of the matter is that sometime in October 2021 in Lobatse, Mmolawa raped the complainant at his boss’ house. On the fateful night, the convicted Mmolawa was in the company of his boss and his friends at a drinking spot. His boss was in the company of the victim and her boyfriend who the boss had accommodated at his house for the weekend. After enjoying their outing and agreeing to continue the night at home, the group left to change venues. At home, the victim retired to bed early. Her boyfriend passed out in the living room whilst the boss went to sleep in his room. Mmolawa then saw his opportunity and took advantage of the vulnerable guest.
The State posited that whilst in deep sleep, the complainant was roused as she felt someone getting into their bed and assumed it was her boyfriend.
“The individual pulled down her pyjama shorts to her knee level and mounted her. At the material time, she realised that it was not her boyfriend. She did not scream nor fight him off because her body descended into a state of trauma where she experienced a freeze response,” reads the judgment.
According to the State, the accused person sexually assaulted her without her consent. “After finishing, he instructed her to wipe herself off and she struggled to move or get out of the bed. In a short while her boyfriend came to bed and she tried to talk to him but did not have the strength to wake him up. After a long struggle she managed to shake him off and told him that she had been raped by the accused person,” reads the court record. The matter was reported to the police and the accused was arrested.
Mmolawa denied raping the guest. During the trial, he opted to remain silent and called no witnesses to the stand. In the end, the court found that the State had proven beyond reasonable doubt that Mmolawa sexually abused the victim. “Despite the overwhelming evidence against him, he remained silent when he [was] called upon to [give] his defence. The law relating to the accused person’s constitutional right to [remain] silent is well settled,” the Magistrate remarked. Mmolawa was found guilty and was convicted of a count of rape simpliciter contrary to Section 141 as read with Section 142 (1) (ii) of the Penal Code (Cap 08:01) under the Laws of Botswana.