A bid by a Matsiloje woman to get the court to withdraw rape charges against her ex-lover following a family discussion have failed.
Otsile Mmaraka, 24 of Letsiara ward in Matsiloje was on Monday hauled before Francistown magistrate Sijabuliso Siziba to face a single count of rape.
Instead of pleading to the charges being leveled against him Mmaraka brought along his alleged victim to tell the court that she had decided to withdraw the matter following a reconciliation process.
The court however spurned the withdrawal application arguing that an offense of rape is a serious transgression which couldn’t be simply be dropped in court without the permission of the Director of Public Prosecutions.
“The accused person is facing grave allegations which cannot be withdrawn by the complainant alone without the consent from the director of public prosecutions,”Magistrate Siziba explained.
The magistrate further argued that cases of rape should be treated with caution as acceding to withdrawal by the complainants could set a bad precedent and result in a situation whereby sensitive matters involving sex offences would become prevalent in the country.
Mmaraka made his initial court appearance before the same magistrate six days after the alleged offense was committed. His plea was reserved as the police were still wrapping up their investigations.
Facts of the offense are that on the Christmas Day while at a drinking spot at Matsiloje village – some 60km east of Francistown –Mmaraka dragged his 26- year -old ex-lover who is also the mother of his child to a near by bush and raped her.
Pleading with the court to drop the charges the raped woman said: “We have since reconciled after the accused person was strongly warned by both our parents.
He is also the father of my child and the sole breadwinner, so we would not want him to go to prison.”
Prosecutor James Moikwathai of Matsiloje Police Station withdrew the application for the matter to be withdrawn until he has written a letter to seek permission to do so from the DPP.