COVID-19 VIOLATIONS REACH 100 000
14-year-old who raped 4-yearold may not face criminal charge
Over 100 000 persons have been charged for breaking various Covid-19 regulations since the State of Public Emergency (SOE) was introduced in April 2020. Botswana Police Service registered 111 441 violations of Covid-19 restrictions as at February 23. Of these 110 432 were charges against individuals, while 1 009 were against group gatherings, social or public events. The most violated protocol regulation was failure to wear masks in public areas, with 62 380 arrests; unlawful movement of persons during lockdown, curfew and across zones with 38 169 arrests; and the violation of liquor conditions of sale, consumption and smuggling, with 6 028 arrests.
It is a matter of social workers than police
Aheart-wrecking video of a 14-year old boy who was caught sexually assaulting a four-year old girl from the same neighbourhood of Mogoditshane/ Nkoyaphiri recently trended on social media.
In the video, the boy’s feet are tied together and members of the community take turns whipping him all over his body with belts while asking him why he did it, and how many little girls he has assaulted before. The unfortunate incident has revived mixed sentiments from members of the public and childcare organisations alike on whether both the two minors are victims of a negligent society. Others wonder whether the boy’s ‘dirty’ actions are a result of a society that has failed him rather than a case of a cold criminal who knew exactly what he was doing. Social Worker at Childline Botswana, Onkatlile Nthutang says a case like this is not only sensitive but also involves a lot to finally determine how it will eventually be treated. “These are practically both kids and utter most care and sensitivity must be upheld until its closure,” she says.
She says some of the critical factors to interrogate include the general welfare of the boy child who is the perpetrator in this case, his home environment, his general health and school record to determine what could have triggered this behaviour and what action would be taken. Part of the assessment of the area Social Worker assigned to the case will also include finding out what encouraged him to do this? What could have transpired for him to act this way? What factors contributed to this behaviour? “The general upbringing of the child will also be interrogated whether he has behavioural challenges or challenges with emotional connections. “It’s the duty of the area Social Worker to delve into the boy’s life to make a proper determination,” Nthutang says. According to Nthutang, all systems around the boy, that is, parents and community will be tested for any uncomfortable factors that could have contributed to the unbecoming behaviour.
It is a complicated case that needs all involved to carry out their role effectively and efficiently for the good of both minors – the 14-year-old perpetrator as well as the four-year-old victim. Nthutang also points out that three critical people are involved in such a case: the Police, Social Worker and Children’s Court. It is the report of the Social Worker who assumes the role of custodian to the 14-year-old perpetrator that will break or make the boy’s future. The Social Worker would have to come up with recommendations based on his or her findings about the boy-child. According to the Penal Code, a person under the age of 14 years is not criminally liable for an act or omission unless it is proved that at the time of doing the act or making the omission he had capacity to know that he ought not to do the act or make the omission. Nthutang adds that as per the provision of the law, if criminally liable, the boy will receive punitive action and can be imprisoned, and if not, other interventions will be put in place to ensure that he is rehabilitated. According to Nthutang, it is important to ensure that both the 14-year-old and fouryear-old receive appropriate assistance to enable fulfilling lives beyond the unfortunate incident. For the victim, it would be important to create a child-friendly environment where they are able to freely open up about what happened to them. As for the video clip, Nthutang reiterates that no one is allowed to take the law into their hands. “When people believe that a crime has been committed, the right thing to do is to report to the authorities,” she says, adding that even the people who shoot such videos should be taken to task. In the past, concerns have been raised as to whether experts assigned to cases involving children, especially Social Workers, are capable of carrying out the work effectively to ensure that justice prevails – for both minors in this case.
One of the issues was that Social Workers at diploma level are expected to implement the law and represent children but they have not done family law. Assistant Station Commander of Mogoditshane Police Station, Assistant Superintendent Zachariah Tshenyego confirms that a case involving sexual assault of a four-year-old by a 14-year-old has been reported and referred to the Special Child Unit. “All cases that involve children under the age of 18, whether as victims or perpetrators are referred to Social Workers who work hand in hand with the Police,” he said in an interview.