Step uncle jailed for sexually molesting 16-year-old

The culture and the rich traditions of the Fijian society do expect one to protect young children in the community and the elders enjoy the respect of the children in the community.

“However, the offender took advantage of this rich culture by sexually exploiting a 16-year-old victim.”

The comments were made by High Court Judge Justice Kulatunga Mudiyanselage Gihan Himanshu Kulatunga while sentencing a 42-year-old unemployed man for sexually molesting the victim in presence of two others in October 2020.

He said this was a case of sexual exploitation of an adolescent child by a known elder from her own family and neighbourhood.

He added that the offender was in a position of trust.

“Sexual exploitation of children within their own family and the neighbourhood by known elders has become quite a social menace as I see,” Justice Kulatunga said.

“Sexual assault is an unwelcome physical invasion committed on a victim under a certain coercive circumstance.

“Therefore, the degree of invasion of the victim’s bodily integrity and sexual autonomy is an indispensable factor in determining the gravity and impact of the crime on the victim,” Justice Kulatunga said.

He added that the degree of invasion should be ascertained based on the level of harm and culpability.

He said in view of the serious nature and the prevalence of crimes of this nature, the primary purpose of the sentence was founded on the principle of deterrence.

“It is the responsibility of this Court to deter offenders or other persons from committing offences of the same or similar nature and protect the community especially the children from offenders of this nature,” Justice Kulatunga said.

“A harsh and long custodial sentence is inevitable for offences of this nature to demonstrate the gravity of the offence and reflect that civilised society denounces such crimes without any reservation.”

The offender was handed an aggregate sentence of five years imprisonment with a non-parole period of three years.

Considering the remand period of three months, the offender’s remaining period to serve is four years and nine months with a nonparole period of two years and nine months.