Crime & Court

Judge Blasts Man, 31, For Sexual Exploitation of Child

Accused was jailed for 13 years for two counts of rape and three counts of defilement of young person between 13 and 16 years of age.
17 Jan 2020 16:30
Judge Blasts Man, 31, For Sexual Exploitation of Child

You used the vulnerability of the child to fulfil your disgraceful sexual desire, says High Court Judge Justice Thushara Rajasinghe.

He made the remark to a 31-year-old man, who was convicted and sentenced for two counts of rape and three counts of defilement of young person between 13 and 16 years of age.

The incidents occurred on separate occasions in 2016 when the victim, who was the cousin of the man, was only 12 years old.

The man was sentenced to 13 years imprisonment as an aggregated sentence for two counts of rape and three counts of defilement of young person between 13 and 16 years of age, with a non-parole period of 11 years.

Justice Rajasinghe said rape became more serious when it involved a child victim.

He said rape in this nature was a serious crime and in this case, the victim was sexually abused by a person who was known to her,” he said.

“This form of sexual exploitation of children by the known adult is a serious offence. The main purpose of the sentence is founded on the principle of deterrence.

“It is the responsibility of the court to deter offenders or other persons from committing offences of the same or similar nature and protect the community from offenders of this nature.

“A custodial sentence is inevitable for the offences of this nature in order to demonstrate the gravity of the offence and also reflect that the society denounce such crimes without any reservation,” Justice Rajasinghe said.

The court heard that according to the victim impact report, the victim was going through an adverse emotional and psychological trauma due to the incident.

Her lifestyle had adversely changed after the incident.

She had been marginalised and isolated by the villagers thus making her withdrawn and isolated personality.

“You have used substantial amount of force to push the victim into the toilet and threatened her not to tell anyone about these incidents.

“Therefore, I find the level of harm and culpability are substantially high in this offending,” Justice Rajasinghe said.

He also said to the man that by committing the offence, the man had breached the trust the victim had in him, not only as her cousin but also an elderly neighbour who frequently visited her home.

“The victim was living with her grandmother and uncle as her mother was away in 2016 and then died in 2017.

“Whereabouts of her father is not known. You used the vulnerability of the child to fulfil your disgraceful sexual desire,” Justice Rajasinghe said.

The man was in custody for a period of five months and 11 days.

Justice Rajasinghe considered the period of six months as a period of imprisonment term that have been served by the man.

The actual sentencing period is 12 years and six months imprisonment with a non-parole period of 10 years and six months.

The man was given 30 days to make an appeal.

Edited by Percy Kean

Feedbackashna.kumar@fijisun.com.fj



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