12-year jail term for Caprivi rape

A YOUNG Caprivi resident faces a 12-year prison term after he was convicted last week on a charge that he had raped a ten-year-old girl at a village in the region.

Vasco Kangulu Libongani was sentenced to 12 years’ imprisonment at the conclusion of his trial in the Katima Mulilo Regional Court on Friday last week. Libongani, who was 21 years old when he was arrested on a charge of rape in August 2004, was accused of having raped a 10-year-old girl on a succession of nights at Lisikili, a village some 20 kilometres east of Katima Mulilo, during August 2004.He denied the charge, but was found guilty by Regional Court Magistrate Bongani Ndlovu last week.The complainant in the case claimed that Libongani crept into her room each night for about a week and then had sexual intercourse with her.She claimed that he threatened her to keep silent about the incidents.On the last of those nights, though, she screamed when he was in her room again, and her father found him there.Libongani, who was from the same village, fled from the scene, but was later caught.At his trial, he claimed that the girl had been lying to the court.The Magistrate rejected his defence, however.Except for the girl’s accusations, other evidence at the trial included a medical report that stated that some injuries were found on the girl’s private parts when she was examined after the alleged incidents.In terms of the Combating of Rape Act of 2000, Libongani was in line to be sentenced to a mandatory minimum jail term of 15 years for raping a girl under the age of 13.Magistrate Ndlovu was however of the opinion that there were substantial and compelling circumstances present to warrant a deviation from that prescribed sentence.Libongani had for instance been kept in Police custody for some 20 months before the trial was finalised, and appears to be in ill health, he noted.Public Prosecutor Pieter Smit represented the State during the trial.Libongani stood trial without legal representation.Libongani, who was 21 years old when he was arrested on a charge of rape in August 2004, was accused of having raped a 10-year-old girl on a succession of nights at Lisikili, a village some 20 kilometres east of Katima Mulilo, during August 2004.He denied the charge, but was found guilty by Regional Court Magistrate Bongani Ndlovu last week.The complainant in the case claimed that Libongani crept into her room each night for about a week and then had sexual intercourse with her.She claimed that he threatened her to keep silent about the incidents.On the last of those nights, though, she screamed when he was in her room again, and her father found him there.Libongani, who was from the same village, fled from the scene, but was later caught.At his trial, he claimed that the girl had been lying to the court.The Magistrate rejected his defence, however.Except for the girl’s accusations, other evidence at the trial included a medical report that stated that some injuries were found on the girl’s private parts when she was examined after the alleged incidents.In terms of the Combating of Rape Act of 2000, Libongani was in line to be sentenced to a mandatory minimum jail term of 15 years for raping a girl under the age of 13.Magistrate Ndlovu was however of the opinion that there were substantial and compelling circumstances present to warrant a deviation from that prescribed sentence.Libongani had for instance been kept in Police custody for some 20 months before the trial was finalised, and appears to be in ill health, he noted.Public Prosecutor Pieter Smit represented the State during the trial.Libongani stood trial without legal representation.