A 29-year-old Galeshewe man was sentenced to 18 years’ direct imprisonment for raping an 11-year-old boy.
A 29-YEAR-old man, Tebogo Gregory Damme, was sentenced to 18 years’ direct imprisonment after he pleaded guilty to raping an 11-year-old boy.
The incident happened on November 23, 2019 at Snake Park in Galeshewe after the minor, who is known to Damme, was sent to the tuck shop.
According to the State, the boy asked Damme to accompany him to the tuck shop as it was late.
The regional spokesperson of the National Prosecuting Authority (NPA), Mojalefa Senokoatsane, said the boy was raped after returning from the tuck shop with Damme.
“The accused did oblige to the request of the minor after he asked him to walk with him to the tuck shop. However, on their way back home, he decided to take the victim to a nearby ditch and raped him. The victim reported the matter to his parents and a case was opened with the police, who promptly arrested the accused,” said Senokoatsane.
“The matter was on trial in the Galeshewe Sexual Offences Court on January 25, 2022. The accused pleaded guilty to the said charge against him. Due to the conflict in instructions, the accused changed attorneys, which prolonged the trial of the accused, who was remanded in custody.
“On May 11, 2023, the matter was set down for finalisation and the accused, through his legal representative, made formal admissions in terms of Section 220 of the Criminal Procedure Act 51 of 1977.”
Senkoatsane said the State, represented by Tabitha Rhadebe, indicated to the court that the incident had prolonged effects on both the victim and his family.
“Rhadebe presented the victim impact statement (VIS), compiled with the assistance of Court Preparation Officer (CPO) Thandiwe Diphae, which stated that the grandparents of the victim blamed themselves for not protecting the victim and although the victim was progressing well at school, he still suffered from sleepless nights as well as nightmares as a result of the trauma he sustained.
“Rhadebe further brought it to the court’s attention that the accused is well-known to the victim and that the victim specifically approached the accused because he trusted him. The accused played on that trust and lured the victim into the ditch and raped him. This offence was well planned out, as the degree of trust and respect that the victim had for the accused made it easier for the accused to execute this crime without any struggle from the victim.”
Senokoatsane said Damme’s legal representative requested the court to take the fact that he pleaded guilty to the charge into consideration and not to impose the prescribed minimum sentence of life imprisonment.
“The defence elected not to lead any witness or present any evidence but to address the court from the bar by placing the personal circumstances of the accused before the court. The defence submitted that there were substantial and compelling circumstances for the court to deviate from the prescribed minimum sentence of life imprisonment, especially because the accused had been in custody for almost four years awaiting finalisation of his case.”
Senokoatsane added that the court, during sentencing, weighed all the factors against each other before imposing a sentence on the accused.
“The court agreed with the submissions made by the defence and prosecution in that there were substantial and compelling circumstances to deviate from the prescribed minimum sentence. The court further echoed the submissions made by the prosecution that the vulnerable members of our society, particularly women and children, deserve to live in communities without any fear of being killed, assaulted, robbed or raped. Children deserve to enjoy their childhood, play and grow without being victims of crime.
“However, the court also accepted the admissions as a sign of remorse on the part of the accused, especially since the accused’s intention was to plead guilty from the onset.
“The court further ordered that the accused is unfit to work with children and that his name be entered into the National Register of Sexual Offenders (NRSO). The court also declared him unfit to possess a firearm,” Senokoatsane said.
