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Man Cops 10 Years For Rape Of Niece

Man Cops 10 Years For Rape Of Niece
April 13
11:14 2018

A 57-year-old uncle who raped his 17-year-old niece twice in 2008 in Labasa has been sentenced by the High Court to ten years in jail without parole.

The widower, who was convicted of two counts of rape, appeared before Justice Daniel Goundar.

The court heard that on August 30, 2008, the accused told the victim, who was 17 years old then, to accompany him to his cassava plantation.

While he was in the plantation he threatened the victim with a stick that he had sharpened using a knife and raped her.

The victim cried and told him to stop as he was her uncle.

He threatened her not to complain to anyone after he returned home.

The second incident happened on October 30 when the victim was left alone at home.

The court heard that the accused forced the victim to have sexual intercourse with him.

When she resisted and tried to raise alarm he covered her mouth with his hand. In December, 2008 when the victim returned to her home and did not want to come back, the uncle visited the family and threatened to commit suicide.

He gave a letter to the victim’s mother in which he expressed his feelings about the victim.

Legal Aid Commission lawyer Vilisoni Tuicolo, who represented the accused, told the court that his client was remorseful and had apologised to the family.

Justice Goundar said the most serious aggravating factor was that the accused breached the trust of the victim and her parents and that he used his authority to sexually abuse the victim and to prevent her from complaining

He then said the victim was vulnerable and exposed to the risk of pregnancy and sexually transmitted diseases..

“The case was poorly managed by the court, having no concern for the accused charged with rape or the victim of rape,” Justice Goundar said.

“By the time the victim gave evidence she was married and had children of her own.

“I have further decided not to fix a non-parole period due to the unreasonable delay in concluding the case.”

Edited by Epineri Vula




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