Children should live free from abuse, Judge says
Children are entitled to live their lives free from any form of physical or emotional abuse.
When children are sexually abused, the offenders should expect condign punishment to mark the society’s outrage and denunciation against such conduct. These were the words of High Court in Lautoka Judge Justice Sunil Sharma while sentencing 51-year-old self-employed carpenter to 17 years and nine months imprisonment with a non-parole period of 16 years for sexual offences.
The man was charged with one count of rape, one representative count of rape and one representative count of indecent assault.
The offence took place between September 1, 2015, and November 13, 2015, at Sigatoka.
The victim was eight years old at the time of the offence and was playing with her friends in the village when the man grabbed her and forcefully took her to his house.
He cellotapped the victim’s mouth and tied her hands with a rope, after removing her clothes, the man had unlawful carnal knowledge with the victim without her consent.
The court hear that the victim did not tell anyone because the man had threatened her if she told anyone about what he had done to her, he would do it again. Thereafter on a Monday, the victim was again playing with her friends when she saw the man and ran, but the man was able to grab her and take her to his house where he committed the offences again. While sentencing the man, Justice Sharma said the offences was a breach of trust as the victim and the man were known to each other since they resided in the same village.
He said the offence had caused injuries to the victim, she was vulnerable, the age difference between the man and the victim and the exposure of a child to sexual activity.
“The victim impact statement stated that the victim’s life had changed after the incidents as she had lost concentration in school, keeps away from her friends, blames herself for what had happened. The victim gets memories or flash backs whenever she plays at the same spot or goes past the man’s house,” Justice Sharma said.
“You have committed serious offences against an unsuspecting and vulernable child from your own village who you were supposed to protect, care and love. You cannot be forgiven for what you have done to this victim who was eight years of age at the time.
Due to the closeness of the relationship between the man and the victim, Justice Sharma also issued a permanent non-molestation and non-contact orders to protect the victim under the domestic violence act. He was given 30 days to appeal to the Fiji Court of Appeal.