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Judge Tells Rapist That A Long Prison Sentence Warranted

Judge Tells Rapist That A Long Prison Sentence Warranted
December 09
12:04 2017

A 26-year-old Lautoka man was told by the High Court that a long prison sentence was warranted as the court had an obligation to protect the vulnerable from all forms of sexual violations.

The man was sentenced to 11-years, eight months and 18 days for raping his neighbour.

The facts of the case were that the victim and the accused were distantly related.

In passing sentence judge Justice Sunil Sharma stated that the accused had breached the victim’s trust when he took advantage of her vulnerability while being alone with him.

The case

In October, 2009, the female victim who was 12-years-old at the time, accompanied the accused, her mother and two others to the seaside to catch crabs.

The court heard the victim and the accused were far away from the others in the mangroves catching crabs.

After a while the accused held the victim’s neck tightly and threatened to kill her if she yelled out.

The accused pulled the girls panty and pants down while his shorts and undergarment was already below his knees.

He made her sit on top of him and forcefully inserted his finger into her private part.

Thereafter, the court heard that he then raped her for about 10 to 15 minutes.

Two weeks after the incident, the girl told her mother what the accused did to her.

She told the court that she did not inform her mother earlier because she was afraid of her.

The matter was reported to the Police and the victim was medically examined.

In mitigation, the accused’s lawyer submitted that he was a little over 18-years-old at the time of the offence and was the sole breadwinner of the family.

The accused is now married with a child and sells pickles for a living earning $150 a week.

Justice Sharma took into account the six-year age gap between the accused and the child. He disregarded the accused’s previous theft conviction entered in 2011 and considered him a first offender.

He highlighted the purpose of the sentence was to punish offenders to an extent and in a manner, which is just in all circumstances of the case and to deter would-be offenders.

The accused was told that he had caused pain and suffering to the innocent and unsuspecting vulnerable victim due to his lustful desires.

He was ordered to serve nine years of his jail term before he can be eligible for parole.

Edited by Caroline Ratucadra


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