NEWS

Rape! Jailed For 12 Years, 6 Months

A High Court Judge compared the 27-year-old mentally challenged rape victim to be that of a 10-year-old. The rapist, her 20-year-old-male-cousin, was sentenced to 12 years and six months imprisonment
22 Apr 2017 11:01
Rape! Jailed For 12 Years, 6 Months
Court

A High Court Judge compared the 27-year-old mentally challenged rape victim to be that of a 10-year-old.

The rapist, her 20-year-old-male-cousin, was sentenced to 12 years and six months imprisonment by the High Court in Labasa yesterday.

The court heard that the victim, who had relied on her mother since birth, was left under the care of the assailant while her mother made a trip to town.

The crime was committed during this time.

In passing sentence, Justice Paul Madigan said: “This rape was the rape of a 27-year-old, who because of mental impairment, acted and thought as a 10-year-old would. That being so, it greatly aggravates the offence or alternatively removes the case from the adult range and places it into the child range.

“Rapes of children are regarded as far more serious than rapes of adults in that children are not yet mature enough to cope emotionally with sexual violation, and if subject to abuse their own progress to sexual maturity can well be jeopardised.

“To rape a mental defective can have the same disastrous consequences and it for this reason that sentences should be passed in the range pari passu with the mental age of the victim.”

Justice Madigan added that the court was not impressed with the defendant’s mitigation of remorse and desire for forgiveness.

Edited by Caroline Ratucadra

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