Man jailed for 8 years for raping neighbour in her sleep

A 37-year-old man has been sentenced to eight years’ imprisonment for raping his neighbour while she was asleep in her flat in Nadi.

Aporosa Nalima was convicted after a contested trial of one count of rape. He appeared before Justice Aruna Aluthge earlier this week, where he was sentenced to eight years’ imprisonment with a non-parole period of six years.

The court heard that the victim, who was 24 years old at the time, was a trusted neighbour and close family friend of Nalima.

On January 13, 2024, the victim had gone out drinking with Nalima after her boyfriend, who was stranded in Suva, asked Nalima’s family to accompany her for the night out.

The victim believed Nalima’s girlfriend would also join them later, but she never arrived. The pair continued drinking with others until the next morning before returning home.

The court heard that after returning home, the victim went to sleep in her flat while Nalima went to his own home. While she was asleep, Nalima entered her room without permission and had sexual intercourse with her without her consent.

The victim woke up during the attack, pushed Nalima away and later reported the matter to her boyfriend and Police.

In sentencing, Justice Aluthge said rape was “not a crime of passion but of power, control and aggression”.

The judge said consuming alcohol, socialising or going clubbing never gave anyone permission for sexual activity.

The judge said Nalima had taken advantage of a vulnerable woman who trusted him as a friend and neighbour.

Justice Aluthge said Nalima’s personal circumstances and role as the sole breadwinner carried little weight because he should have considered the consequences before committing the offence.

The court adopted a starting point of seven years’ imprisonment, added two years for aggravating factors and deducted one year for mitigating factors, resulting in a final sentence of eight years’ imprisonment.

Nalima will be eligible for parole after serving six years in prison.

He has 30 days to appeal the sentence.

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