13 years for rape

The High Court in Lautoka convicted and sentenced a 37-year-old man to 13 years and nine months in jail for the rape of his niece.

Justice Sunil Sharma imposed a 10-year non-parole period.

“I consider the non-parole period to be appropriate in the rehabilitation of the accused, which is just in the circumstances of this case,” Justice Sharma said.

The incident happened in March 24, 2015 when the convicted felon was 34-years-old. He raped the 15-year-old victim who was in Year 9 at the time.

During the course of the proceedings, the defence lawyer submitted their mitigating factors which was weighed against aggravating factors by the High Court.

But the High Court found the accused guilty of one count of rape contrary to section 207 (1) and (2)(a) of the Crimes Act No.44 of 2009.

In his ruling Justice Sharma said the victim knew the accused, who was her paternal uncle, who breached her trust by his actions.

“It is the duty of the court to protect children from sexual exploitation of any kind. That is the reason why the law has imposed life imprisonment as the maximum penalty,” he said.

“This court will be failing in its duty if a deterrent sentence was not imposed.” The accused was given 30 days to appeal against the High Court’s decision.