NPA SECURES 12-YEAR PRISON SENTENCE FOR LANDLORD'S SON WHO RAPED TENANT

Mmabatho, North West – The National Prosecuting Authority (NPA) welcomes the sentence of 12 years' direct imprisonment imposed by the Molopo Regional Court on Katlego Setidisho (18) following his conviction for the rape of a 23-year-old woman who was a tenant at his family home.

The conviction stems from an incident that occurred on 22 March 2024, when the complainant was drinking with the accused's mother at the residence where she rented accommodation. After the evening of drinking, the complainant indicated that she wished to sleep. The accused's mother directed her to a room situated within the same yard.

The complainant went to the room and noticed the accused following her. She later lost consciousness and fell asleep. Upon waking, she observed the accused leaving the room and realised that she was undressed. Suspecting that she had been sexually assaulted, she reported the matter to the authorities.

During the trial, the State, represented by Advocate Kefentse Diseko, successfully argued that the complainant was unconscious at the time of the incident and was therefore incapable of consenting to sexual intercourse.

In his defence, the accused claimed that the sexual intercourse had been consensual and argued that the complainant could not testify that she had witnessed penetration.

The court was required to determine whether the complainant had consented to the sexual intercourse or whether she had been unconscious at the time of the incident. In reaching its decision, the court considered the definition of consent as set out in the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.

The court found that there had been no agreement between the accused and the complainant to engage in sexual intercourse and consequently convicted him of rape.

In considering an appropriate sentence, the court emphasised that, as the son of the complainant's landlord, the accused was in a position where he should have respected and protected her rather than exploit her vulnerability.

The court further considered the accused's relatively young age and prospects of rehabilitation, which warranted a deviation from the prescribed minimum sentence.

Setidisho was sentenced to 12 years' direct imprisonment, declared unfit to possess a firearm, and ordered to have his particulars entered into the National Register for Sex Offenders.

The Director of Public Prosecutions in the North West Division, Dr Rachel Makhari, welcomed the outcome, stating that the sentence demonstrates the NPA's commitment to holding perpetrators of sexual offences accountable and protecting vulnerable victims.

The NPA remains steadfast in its commitment to ensuring justice for victims of sexual offences and to holding offenders accountable, particularly where vulnerable individuals are exploited in circumstances where they ought to feel safe and protected.

Ends.

Issued by:

Lindiwe Mabasa

NPA Communications Officer

North West Division