NEWS

Sentencing: 8 Years, 4 Months Jail Term For Eggplant Rape

A Suva High Court judge told a 33-year-old convicted rapist husband yesterday that he made ‘love making’ between a husband and wife a horrendous act of violence. In sentencing the accused
04 Nov 2017 12:06
Sentencing: 8 Years, 4 Months Jail Term For Eggplant Rape

Suva High Court judge told a 33-year-old convicted rapist husband yesterday that he made ‘love making’ between a husband and wife a horrendous act of violence. In sentencing the accused who was convicted on four counts of rape, judge Justice Riyaz Hamza said that love making should be a pleasurable act between a husband and wife.

The accused was sentenced to eight years and four months imprisonment after Justice Hamza overturned the assessors’ not guilty verdict on three counts of rape.

He found the accused guilty on all counts. The accused and his wife have been together for 10 years and have a nine year-old daughter together. It was proved during the trial that between November 30, 2015, to January 4 last year, the accused raped his wife by penetrating her without her consent. It was also proved that between December 1, 2015, and December 31, 2015, he raped his wife again by penetrating her with an eggplant without her consent. On January 5, 2016, he raped his wife by penetrating her without her consent and on the same day penetrated her using his finger without her consent.

“You testified that your wife was having affairs and cheating on you. Even if you were to be believed, still that would not have entitled you or given you the licence to have forced yourself on your wife. On the other hand, and again if you were to be believed, and in actual fact your wife was having affairs and cheating on you that would have been sufficient reason for her to resist your sexual advances,” he said.

Justice Hamza noted the aggravating factors in that the accused should have protected his wife.

“Instead you have breached her trust expected from you and the breach was gross.”

He said the rape act was premeditated and since they were married, it amounts to a domestic violence offence. The accused was sentenced to eight years and four months imprisonment and ordered to serve six years and four months before he can apply for parole. He was given 30 days to appeal.

Edited by Caroline Ratucadra

Feedback:  fonua.talei@fijisun.com.fj



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