BY ROMINAH FAKA

The High Court has sentenced a 37-year-old man to serve 12 years and six months in prison for rape.

The sentence was delivered last month by Deputy Chief Justice Rex Faukona.

In delivering the sentence, High Court-imposed 12 and a half years’ imprisonment for each count, and ordered that the sentences run concurrently, this means that defendant will only serve 12 and a half years in prison for the three counts of rape.

Court also ordered that any pre-sentence custody to be deducted from the 12-and half year’s term.

The sentence aims to deter the defendant from reoffending and for other like-minded individuals from considering to commit the crime.

The defendant’s apparent lack of remorse and disregard for others is the kind of behavior the community strongly condemns.

The defendant who cannot be named because of the vulnerable victim was charged with three counts of rape contrary to section 136 F (1) and (b) of the Penal Code as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016.

When the charges were read to the defendant, he entered a plea of guilty to all the charges.

The facts of the case said at the time of the offences, the defendant was residing at Central Island Province. He was 37-year-old at the time of his first offence and 38 years old during the second and third offence.

The complainant was 10 years old during the first incident and 11 years old at the time of the second and third offence.

The defendant is the victim’s uncle. He is married to her aunt, who is a sister of the victim’s father.

The first offence was committed on an unknown date between January 1 and December 31, 2022, inside the victim’s house.

The second incident occurred on October 28, 2023.

The third incident also occurred on the same date as the second incident.

The defendant was arrested and remanded in custody on January 23, 2024.

The court, relying on the authority of Sinatau, was satisfied that the starting point in this case should be eight years for all three counts, having considered that the victim was 10 and 11 years old at the time the offences were committed, which is below the age of consent of 18 years.

The aggravating factors noted is breach of trust and respect, because the defendant is the victim’s uncle. So, raping his niece, a child of 10 and 11 years of age is an absolute breach of trust and respect. It also brings shame to the family with a diminished character.

The trust vested in the defendant was violated, as he failed to recognize that he was breaching both custom and law. Additionally, the victim’s tender age is an aggravating factor, as established in the Sinatau case. The significant age difference between the defendant and the victim further increases the severity of the offence. It also appears that the defendant may have planned the sexual assault on the victim.

The repeated offending represents the most serious scenario and the defendant’s actions have brought disharmony and shame to the complainant’s family, destroying their previously good relationships. The community is likely to view them as a troubled family, caused by the actions of the defendant.

Lastly, the resulting anxieties will affect both the victim and her family. Any psychological harm or trauma she experiences cannot be questioned hence; court takes judicial notice of the real and lasting impact of these offences.

Having considered the aggravating factors and the circumstances they reflect, the court concluded that the case is serious and warranted an uplift of seven years in addition to the starting point of eight years, resulting in a total sentence of 15 years for each count.

However, the court noted and gave credit to the defendant for entering an early guilty plea at the first available and reasonable opportunity. By pleading guilty, demonstrated remorse for his actions and a willingness to accept responsibility for his conduct.

Furthermore, the guilty plea saved time and resources by avoiding a full trial and spared the complainant from having to testify, allowing her the chance to move forward with her life.

The court likewise considered the defendant’s cooperation with the police, his lack of any previous criminal record and the time he has already spent in custody as mitigating factors.

Upon considering the mitigating factors, the court decided that a reduction of two and a half years should be allowed. Therefore, the actual sentence to be served is 12½ years for each count and to be run concurrently.

Monica Rehomora act for the crown and Mr. Ron Dickey Pulekera for the defendant.

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