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In the matter between Rapula Molefe and the State: Court of Appeal of Botswana, 2008

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Date December 29, 20152:39 pm
Subject , ,
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Summary

The appellant had been charged with rape for having sexual intercourse with a child under eight years old without consent. The Court acquitted the appellant for rape on the basis that consent of the child could not be determined but convicted him based on defilement.

The appellant applied for a leave of appeal claiming that once he had been acquitted of rape the trial magistrate had erred by convicting for defilement. Leave was granted; however, although the issue of consent and guilt was brought up the appeal was eventually dismissed. The conviction and sentence of 12 years imprisonment were confirmed.

IN THE COURT OF APPEAL OF THE REPUBLIC OF BOTSWANA HELD AT LOBATSE: COURT OF APPEAL CRIMINAL APPEAL NO. CLCLB-009-08:HIGH COURT CRIMINAL APPEAL NO. 55-05: In the matter between: RAPULA MOLEFE Appellant And THE STATE Respondent