ACCUSED SENTENCED TO 15 YEARS IMPRISONMENT FOR RAPE
26 MAY 2025
ACCUSED SENTENCED TO 15 YEARS IMPRISONMENT FOR RAPE
Springbok, Northern Cape – The Regional Court in Springbok has sentenced Mario Swartbooi to 15 years of direct imprisonment after the court found him guilty of rape. On 6 November 2022, the accused, Mario Swartbooi, asked the then 19-year-old complainant to assist him in carrying gravel, saying that he would reward her with mandrax. After assisting the accused, the accused suggested that they go to a nearby bush where they could smoke the promised drugs. They went to the nearby bush where they smoked the mandrax.
The effect of the drugs on the complainant made her lame and put her in a trance. The accused seized the opportunity to take off the clothes of the complainant and raped her. When the victim came back from being under the trance, the complainant started to fight off the accused and screamed for help. A neighbour of the complainant heard her screams and went to see what was going on. He found the accused and the complainant still wrestling on the ground as the complainant tried to push the accused from her. The witness reprimanded the accused, and the accused indicated that he was looking for his money that had been stolen by the complainant. The complainant kept on screaming and wrestling, and the witness went to look for help.
The witness returned and found the accused and complainant standing opposite each other, still arguing with their private parts exposed. The complainant put on her clothes and left the scene. The accused maintained that he was looking for his money. The matter was reported to the police the same day, and the accused was arrested the following day. Apart from the statement of the complainant, the accused was also linked to the offence through DNA.
During his bail application, the accused denied all allegations against him, stating that on that specific day, the complainant offered sex for money. Furthermore, they started kissing, but he could not get an erection due to his back injury. He further alluded that they tried and tried, but nothing happened. According to the accused, the complainant got irritated, jumped up, and started screaming. His defence was that he never raped the complainant or had sex without her consent. Lastly, he stated his penis was never inside the vagina of the complainant as he was unable to get an erection.
The trial commenced on 27 November 2024. In his plea explanation, the accused admitted to having sexual intercourse with the complainant but claimed that it was consensual. During cross-examination, Regional Court Prosecutor Mr. Basil Kock presented bail recordings that contradicted the accused’s account. Throughout cross-examination, the accused’s version of events changed multiple times, ranging from consenting intercourse to an attempted but unsuccessful act due to erectile dysfunction, and finally to denying any sexual intercourse altogether. The accused failed to provide a satisfactory explanation for the physical struggle on the ground or how his DNA was found on the complainant’s private parts.
In aggravation of sentence, the prosecutor informed the court that the accused had a prior conviction for rape, urging the court to consider this as a significant aggravating factor. Reference was made to established case law describing rape as a “humiliating, degrading, and brutal invasion of the privacy, dignity, and person of the victim.” The accused demonstrated no remorse for his actions. Consequently, the prosecutor requested that the court find no substantial and compelling circumstances to deviate from imposing the prescribed minimum sentence. In sentencing, the court thoroughly evaluated the evidence and found the accused’s account to be untruthful and inconsistent. Consequently, the court convicted him of rape and imposed a direct sentence of 15 years’ imprisonment, underscoring the gravity of the offence and the need for justice to be served.
The National Prosecuting Authority (NPA), as the steadfast vanguard in the fight against Gender-Based Violence and Femicide (GBVF), remains resolute in its mandate to prosecute offenders with the full force of the law. The NPA will relentlessly and decisively pursue justice, ensuring that convictions and sentences handed down by the courts reflect the full gravity and brutality of these heinous crimes. This unwavering stance reaffirms our commitment to protecting victims, restoring public trust, and upholding the rule of law.
Issued by:
Mojalefa Senokoatsane
NPA Regional Spokesperson
Northern Cape Division
Email: MSenokoatsane@npa.gov.za
Contact:073 423 3539