13-Year Jail Term For Rape of Niece

By your shameful act you have robbed the innocence of a 17-year-old child who is your niece, a High Court judge told a 42-year-old man while sentencing him on Monday.

Justice Riyaz Hamza convicted the man for one count of rape of his niece in the Lomaiviti Group in 2016. He then handed down a 13-year, nine months jail term to the man with a nonparole period of 11 years and nine months. On October 15, 2016, the man had carnal knowledge with the victim without her consent.

He lured the victim to his house to wash his clothes and had sent his 12-year-old daughter out of the house so that the complainant could be alone with the man. While the victim was washing clothes in the bathroom, he pushed her to the wall and forcefully had sexual intercourse with the victim without her consent. Justice Hamza said the victim impact assessment report filed in court recorded that the victim had been emotionally and psychologically traumatised by the man’s actions.

“It is stated that the victim had flashbacks of the painful experience and finds it very difficult to trust those around her, including family members. She is said to be continuously fearful and anxious,” the judge said. The incident has caused the victim to withdraw from socialising with family members.” Justice Hamza highlighted to the court that as the maternal uncle of the victim, the man should have protected her instead he breached her trust and the breach of trust was gross. “You took advantage of the victim’s vulnerability, helplessness and naivety,” he said.

“You have exposed the innocent mind of a child to sexual activity at such a tender age. There was a large disparity in age between you and the victim. The victim was 17 years old at the time you committed the offence on her. At the time, you were 39-years-old,” Justice Hamza said. The accused has 30 days to appeal.