Man, 52, rapes woman with disability

A 52-year-old man will spend nine years in jail for rape, sexual offences, and impregnating a 29-year-old disabled woman, whom she addressed as her brother. 

High Court Judge Justice Aruna Aluthge said the victim’s intellectual impairment, resulted in her discontinuing schooling at Class 6.

The court revealed that in 2018, the perpetrator used to park and repair vehicles at the victim’s house backyard. Between January and June that year, he frequently visited her home when her father was absent. 

As a regular visitor and neighbour, the offender had knowledge of the victim’s intellectual disability.

In one incident, while the victim’s father was at work, the offender entered her house, pulled her onto the bed, undressed her, and raped her. 

Justice Aluthge said the offender committed these acts knowing that the victim was incapable of giving consent. 

The court noted that the offender warned the victim against disclosing the abuse and further threatened to assault her. 

Throughout that period, the offender repeatedly engaged in sexual intercourse without the victim’s consent, resulting in her pregnancy and subsequent childbirth. Due to the victim’s incapacity to care for the child, the child was given up for adoption.

Justice Aluthge said sexual offences were on the rise in Fiji. 

He said the courts had emphasised that the increasing prevalence of this offence in the community called for deterrent sentences. 

“The duty of this Court is to see that the sentences are to operate as a powerful deterrent factor to prevent the commission of such offences,” he said. 

“The offenders must receive condign punishment to mark the society’s outrage and denunciation against sexual abuse 

“When the victim is vulnerable due to his or her tender age or intellectual incapacity, she or he must receive special care and protection from the society. Children under the age of 13 years are statutorily protected because they do not have capacity to give consent to sexual activities.” 

He said to the offender that the main purpose of his punishment was to condemn his action and to protect the public from the commission of such crimes by making it clear to the offender and to others with similar impulses that, if anyone yielded to these crimes would meet severe punishments. 

A non-parole period of seven years has been imposed on the offender.

Story by: ashna.kumar@fijisun.com.fj