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LAW & CRIMEQacha's Nek

QACHA’S NEK COURT SENTENCES WOMAN TO 10 YEARS FOR CHILD RAPE

Qacha’s Nek, Feb. 12 — The Qacha’s Nek Magistrate Court has sentenced 20 year-old Refuoe Mpho Makhetha of ’Malinyane, Mohale’s Hoek to 10 years’ jail-time without fine for raping a four-year-old girl.

Makhetha was convicted under Section 8(1) of the Sexual Offences Act No. 3 of 2003, read with Section 32(9a)(vi), after pleading guilty to sexually assaulting the minor on October 16, 2025 at Sekhutloaneng.

Delivering judgment, Magistrate Ponts’o Jankie-Lehasa emphasised the court’s constitutional duty to protect children and uphold their rights, noting that the accused had violated not only the law but also the trust placed in her.

“This child is your neighbour and looks upon you as a protector, not an abuser. It is the duty of this court to uphold the laws of this land,” she said.

Although the court acknowledged that Makhetha was a first-time offender who expressed remorse, it held that the seriousness of the offence demanded a custodial sentence.

The court heard that on the day of the incident, the child from Ha Sekake was playing with Makhetha, her neighbour. Makhetha allegedly laid a mattress on the floor and told the child to lie on it.

She then undressed the child, removing her trousers and underwear, and inserted her finger into the child’s private parts. After the assault, the accused allegedly warned the child not to report what had happened. 

However, while being bathed, the young girl complained to her grandmother about the pain in her private part. “She inspected her and found her labia inflamed and reddish in colour,” said Advocate Mants’ebo Mofoka when outlining the facts.

She said upon noticing physical signs of injury, the grandmother reported the matter to the Sekake Police Station, which gave them the medical form and referred the child to Sekake Clinic and later transferred to Machabeng Government Hospital for further examination.

Medical evidence presented in court confirmed that there was an injury in the complainant’s private part and friction was observed. The defence did not object to the medical report being admitted as evidence.

Makhetha initially appeared in court on November 11, 2025, represented by Advocate Itumeleng Lentsoe of Legal Aid. She was granted bail of M1,000 under strict conditions, including not interfering with witnesses and attending all court proceedings.

In mitigation, Advocate Lentsoe pleaded for leniency, citing her client’s guilty plea, cooperation with authorities, youth, and family responsibilities, including caring for her 65 year-old mother. 

However, the court found that these factors could not outweigh the gravity of the crime.

The sentence sends a clear and uncompromising message that crimes against children will be met with firm and decisive justice.

In reaffirming its role as guardian of the most vulnerable, the court underscored that no act of remorse can erase the harm inflicted on a child. 

The ruling stands as a reminder that the protection of children is not only a legal obligation but a moral imperative for society as a whole.

Ends/MM/tl

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