the lust of the adult accused, which aggravates the offence. The accused has not
pleaded intoxication or any matter which influenced the ghastly conduct on a
defenceless little girl who has a result been traumatised, perhaps for her entire life.
Rape is indeed a capital offence under our law (section 297 (1) (b) of the Criminal
Procedure and Evidence Proclamation). The court cannot however sufficiently
demonstrate its revulsion and displeasure at the despicable conduct of the accused
because in this case the accused is first offender and has pleaded guilty to the
charge, and has been awaiting sentence for about two years – this latter fact is taken
into consideration in sentencing him. This court also takes note of the fact that rapes of
young girls by adult males in Lesotho is occurring of late with monotonous frequency
and that stringent punishments have to be meted out to the perpetrators of these sordid
crimes. In Rex vs Phamotse Mafethemane -1991 - 92 LLR (Bulletin) 51, my brother
Lehohla J. appositely observed as follows: -
" I wish to point out that a body of authority exists in support of the view that rape
committed in circumstances which are aggravated should be met with severe
penalties. The question of the complainants' youthfulness is one such
aggravating factor. The trauma of being subjected to not only the act but being
made focal point of amusements in the courts and throughout the period of
investigations cannot be overlooked."
I associate myself with the learned remarks of Lehohla J; (see also comments of my
brother Molai J. in Rex v Nsabimana Shabani and others - 1991-92 LLR 55 at 99.
I therefore confirm conviction in terms of section 164 of the Criminal Procedure and
Evidence Act. The accused is again unrepresented before this court and in mitigation
he informs the court that he has a young wife and two children. He says he does not
know what caused him to rape the little girl. He states that he regrets what he has done
and that it will never happen again.
I had the good mind to sentence the accused to a rather longish term of imprisonment
in order to express the court's attitude towards sexual offence committed by the
accused. In sentencing the accused, I have to consider the seriousness of the offence