12-years jail term for man who raped 7-year-old boy

A man, 23, faces 12 years’ imprisonment for the rape of a minor in Suva in 2023.

The man was handed his sentence by Judge Justice Usaia Ratuvili on Monday for a count of rape.

He was acquitted of a charge of indecently annoying a person following trial proper. The court found that on February 8, 2023, he lured the minor to a plantation to commit the offence.

The victim was under the age of 13 then.

During sentencing, the State submitted that the offender had breached the trust of a child known to him, taken the victim to an isolated location, and exploited a vulnerable seven-year-old.

Prosecutors also highlighted the significant age gap between the offender and the victim and presented a victim impact statement outlining the continuing effects of the abuse.

According to the victim impact statement, the child has suffered sleepless nights, screams during sleep, increased anger and violent behaviour, and continues to experience emotional distress following the incident.

The court found the offending to be of medium seriousness, describing the accused person’s personal culpability as high.

While there was no evidence of prior planning, Justice Ratuvili said the offender’s actions were opportunistic, serious and predatory, requiring a sentence focused on deterrence.

In determining the sentence, the court adopted a starting point of 11 years’ imprisonment in line with established sentencing tariffs for child rape.

Two years were added for aggravating factors, including the breach of trust, the young age of the victim and the ongoing harm caused.

The High Court ultimately imposed a sentence of 12 years and eight months’ imprisonment, stating that denunciation and deterrence were key considerations while still preserving the possibility of rehabilitation after the offender serves the required non-parole period. He can apply for parole after 11 years of prison time has been served.

He has 30 days to lodge an appeal against the sentence.