By Staff Reporter
An Okahandja resident, who was arraigned before the Windhoek Regional Court for rape charges of 2008, was sentenced to a ten year imprisonment of which three years were suspended by Magistrate Sarel Jacobs on July 27.
Elvis Kheibeb, a single father of one child, will serve an effective seven year jail term for rapping a 39 year old woman at Five Rand camp situated south of Okahandja, during the early hours of October 7, 2008.
Kheibeb, 27, was apprehended a few hours later after he was found asleep at the scene where the alleged rape had taken place. His pants were found next to him with the shorts he was wearing unzipped.
However, Kheibeb, during the trial, pleaded innocence saying he was in a drunken state and could not recall what happened on the particular day.
In her testimony, the victim told the court that on the day she was attacked, she was walking from a shebeen when she was attacked by the Kheibeb from behind.
The victim further testified that she was punched, kicked and threatened at knife point before Kheibeb raped her.
“After he was finished raping me, he rolled over and fell into a deep sleep. I then pickled up the knife and headed for the police station to report the rape.” She had testified.
Jacobs, in his sentencing told the court that there was substantial and compelling position from which warranted the minimum 15 year sentence under the Combating of Rape Act.
“I do not think that Khiebeb’s explanation that he was under the influence at the time can be doubted. As Kheibeb’s drunken state at the time reduced his power and self control, a fact which the court took into account.” Jacobs said
Jacobs however said that rape is a prevalent offence in the country, adding that law and order must prevail in society where women, are falling victim to the offence, and are therefore expected to be protected against such crimes.
Kheibeb conducted his own defence while the state was presented by Public Prosecutor Cliff Lutibezi.