Justice Wimalasena sentences man to seven years for rape
The courts have a duty to impose severe sentences on offenders who repeatedly target persons in domestic context. High Court Judge Justice Rangajeeva Wimalasene made this comment while sentencing a 31-year-old yaqona farmer to seven years and nine months imprisonment for raping his sister in law. The judge set a non-parole period of six years. Justice Wimalasena said: “You breached the trust of the complainant, who was your sister-in-law. “The victim feared to complain as it could damage family ties and you repeatedly exploited her vulnerability.
“Your actions fall well within the scope of domestic violence offences.”
The incident happened between February 1 and February 28, 2011, in Nadi.
He was convicted for one representative count of rape.
The victim is married to the man’s brother. The first incident happened when she was digging the ground to look for baits to go out fishing when the man came from behind and covered her mouth with one hand and raped her.
The victim managed to push him away and escaped. The victim did not tell anyone about the incident as she thought it would become a bigger issue.
During the second incident, the victim was going to the cassava patch when the man came and covered and forced her on to the ground and raped her.
The victim waited for her husband to return home and when she complained to him, he decided not to report the matter to Police as he felt sorry for the man, and they moved out from the in-law’s place after the incident.
After about one year when the victim was expecting a child, she once again went to the in-law’s place. The third incident occurred then after she gave birth, and with the man also married.
Finally, the victim reported the incidents to the police.