Man, 76, Jailed 17 Years for Raping Niece, Judge Says Unforgivable

A76-year-old man raped his niece on different occasions in October 2012. He was sentenced to 17 years, eight months and 25 days imprisonment with a non-parole period of 15 years.

In the High Court in Lautoka, Justice Sunil Sharma said the accused had no mercy for a child victim while he raped her when she was 12 years old.

On the night of October 2, 2012, when she woke up, she saw her uncle (the offender) performing a sexual act on her.

During a night of March 2013, she woke up and saw the offender again and told him not to do anything to her, but he did not stop.

The offender tried to rape her, but could not.

Justice Sharma said the offender was a respected member of the victim’s family and in the absence of the victim’s father, the offender was considered as the head of the house.

The offender was trusted to the extent that he was sleeping in the same bedroom with the victim and her younger sister.

Justice Sharma said the offender breached the trust of the victim and took advantage of her.

He also said that there was some degree of planning involved as the offender committed the offences during the night time when everyone would be sleeping.

Justice Sharma said the offender had exposed the victim to sexual activities at a very young age, which was unacceptable. “It is shocking to note the manner in which the offender had committed these offences on the victim,” he said.

“The victim was unsuspecting and vulnerable and you cannot be forgiven for what you have done to the victim. You were a person who was kept in high regard and was a role model to the family.”

Justice Sharma said the rape of a child was one of the most serious forms of sexual violence and offenders should be dealt with severely.

He said children were entitled to live their lives free from any form of physical or emotional abuse.

“You had no mercy for the victim, you never gave a second thought about what you were doing to this innocent child,” he said. “As a mature adult, you took advantage of this child’s vulnerability and kept on committing the offences. You were undeterred in achieving your lust for sexual gratification.”