By OBAKENG MAJE
27 August 2026 – A man (18) was sentenced to 12 years imprisonment by the Molopo Regional Court for rape. This comes after the accused, Katlego Setidisho raped a woman (23), who was a tenant at his family home.
The National Prosecuting Authority (NPA) regional spokesperson in North West, Lindiwe Mabasa said the incident occurred on 22 March 2024, when the complainant was drinking with the accused’s mother at the residence where she rented accommodation. Mabasa said 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,” she said.
Mabasa further said 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. She added that 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,” said Mabasa.
She said 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. Mabasa said 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 imprisonment, declared unfit to possess a firearm and ordered to have his particulars entered into the National Register for Sex Offenders,” she said.
Meanwhile, the Director of Public Prosecutions (DPP) in the North West, 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.
Makhari said 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.
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