Uncle gets 11 years for raping nine-year-old niece

Being her granduncle, you should have protected her. Instead, you have breached the trust expected from you and the breach was gross.

These were the comments made by High Court Judge, Justice Riyaz Hamza, yesterday while sentencing a 49-year-old man who was found guilty and convicted of raping and sexually assaulting his nine-year-old niece.

The incident happened on February 15, 2016, in Nabua, when the accused performed a sexual act on his niece. On that same day, the accused also raped the complainant. He maintained a not guilty plea throughout the trial.

The complainant was nine years and 11 and-a-half months old at the time of the offence.

“There was a large disparity in age between you and the complainant,” Justice Hamza told the accused.

“The complainant was merely 10 years, and you were 47 years of age, at the time of the offence. You took advantage of the complainant’s vulnerability, helplessness and naivety. You have exposed the innocent mind of a child to sexual activity at such a tender age.” The mitigating factors submitted were that the accused’s wife was three-months pregnant with their third child. He submitted that he was a construction worker earning about $160 weekly and he was the sole breadwinner of the family. The accused was sentenced to 11 years and 10 and a half months imprisonment with a non-parole period of nine years and 10 and a half months.