Makuto v. State

The appellant appealed his conviction for rape, arguing that the Penal Code sections dealing with rape are discriminatory because they provide increased penalties for a person convicted of rape if they are found to be HIV-positive.  The Court held that the relevant provisions of the Penal Code apply when the convicted person was HIV-positive at the time he committed the rape and that it is therefore a reasonable provision in order to combat the spread of HIV/AIDS.   

Topics

• Sexual violence and rape

Geographical location

• Africa
• Botswana
• Lobatse

Keywords

• HIV and AIDS
• criminal law and procedure
• sentencing

Year

• 2000

External URL

• Makuto v. State

Court

• Court of Appeal for Botswana at Lobatse

Type

• Domestic Case Law

Jurisdiction

• Botswana