10 years 11 months for rape of girl,9

As an immediate neighbour he should have protected her, but instead breached the trust expected from him and the breach was gross.

A61-year-old Macuata man, who raped his nine-yearold female neighbour in 2015, was sentenced to ten years and 11 months imprisonment by the High Court in Labasa. Now the 64-year-old grandfather who was once a farmer and fisherman, appeared before Judge Justice Chamath Morais on Monday.

He had pleaded not guilty to one count of rape.

Judge Morais said there was a large disparity in age between the accused and the complainant. He then said the accused took advantage of the complainant’s vulnerability, helplessness and naivety and even exposed the innocent mind of a child to sexual activity at such a tender age.

Facts of the matter

The court heard that between August 14 to 31, 2015 the accused had committed the act using his tongue.

Justice Morais said being an immediate neighbour he should have protected her, but instead breached the trust expected from him and the breach was gross. He added even though a victim impact assessment report has not been obtained, the court having observed the child while giving evidence, noted that the child has gone through an immediate psychological trauma.

Justice Morais then said it was apparent that she felt ashamed and the reason for shame was because she had to return to court and narrate the incident all over again.

Sentencing

Considering the time the accused spent in remand, Justice Morais sentenced him to 10 years and 11 months imprisonment with a non-parole period of eight years and 11 months.