News

Man gets 30 years for raping his biological daughter - repeatedly

penitentiary-jail-or-prison
 
penitentiary-jail-or-prison

A 39-year-old father from Gaborone will spend the next 30 years in prison for repeatedly raping his biological daughter, a case the High Court described as heartbreaking and a reflection of the growing number of sexual abuse cases involving minors.

When delivering the sentence, Justice Bafi Nlanda said the court was disturbed by how often such crimes are committed by people trusted to protect children.

The victim, born on 16 November 2010, was 12 years old when the abuse began in February 2023. It continued for one year and seven months until September 2024, when she was 13. The abuse took place in their home, a place the little girl had always believed to be safe.

“She will live with trauma the rest of her life, the accused used his position of trust and authority to prey on his own child,” the judge said.

The father long pleaded guilty to the charges, admitting that he had been having unlawful sexual intercourse with his daughter.

His plea saved the court’s time and was considered a mitigating factor. He was also said to be a first offender and did not inflict physical violence on the child during the offences.

However, Judge Nlanda said the gravity of the crime far outweighed any of the factors in his favour.

“The victim was his biological daughter. This makes the offence even more painful and cruel,” he said.

The judge also said the court was deeply troubled by the growing number of child sexual abuse cases being brought before it, adding that deterrent sentences were necessary to protect minors.

“Sexual abuse of children is becoming too common. The best interests of the child must always come first,” he said.

The offence took place in Gaborone, and the case was first heard at the Broadhurst Magistrate’s Court before being referred to the High Court due to its seriousness. The sentence will run from the day

the accused was first remanded in custody.

By law, the minimum sentence for rape is 10 years' imprisonment and increases to 15 years with corporal punishment if the offender was unaware of being HIV-positive, and rises to 20 years with corporal punishment if the offender was aware of being HIV-positive.

This case follows a similar one heard recently in Kanye, where Senior Magistrate Reuben Sebetlela sentenced Tlotlanang Johannes to 44 years in prison for a series of brutal rapes that included victims as young as 13.

Both sentences show the courts’ growing concern over sexual crimes against children and their commitment to sending a strong message that such acts will not be tolerated.

The World Health Organisation (WHO) describes child sexual abuse as “the involvement of a child or adolescent in sexual activity that they do not fully understand or are unable to consent to, or that violates laws and social taboos.”

In Botswana, the Penal Code defines sexual abuse as “sexual conduct that abuses, humiliates, degrades, or violates the sexual integrity” of another person. Rape is described as an unlawful act of sexual penetration without consent.

Globally, experts say that child sexual abuse remains a serious concern, worsened by poverty, family breakdowns, and social stress that have increased since the COVID-19 pandemic.

Children who experience sexual abuse often live with long-term emotional and psychological scars that affect their development and relationships later in life.

The High court noted that while the man had pleaded guilty and claimed to have another minor under his care, his actions had destroyed the innocence and security of his own child.

“The court cannot ignore the damage this crime has caused. The victim will carry the pain and betrayal for years to come,” the judge said.

The child, who is now 14, is said to be receiving counselling as part of her recovery process.