JUDGE DESCRIBED INCEST FATHER AS MENACE AND DISGRACE TO SOCIETY

The High Court in Lautoka sentenced a 38-year-old man to 16 years and five months imprisonment with a non-parole period of 14 years for one count of rape.

The court heard that the offender raped his daughter between April 1, 2021, and September 18, 2021, at a settlement in Nadi.

As a result he impregnated the victim who was 16 years old at the time.

The sentence was handed down by High Court Judge, Justice

Sunil Sharma, and the rapist dad was jointly represented by Legal Aid Commission lawyers Litiana Volau and Felix Singh. Joeli Nasa appeared for prosecution. In mitigation the defence counsel said the man was a first offender, a security officer who earned $150, co-operated with police during investigations and promised not to re-offend.

The court heard the aggravating factors were a breach of trust because the victim is the offender’s biological daughter, the offence was planned and he knew the victim was naive, innocent, and vulnerable.

The victim was exposed to sexual abuse at a young age, the victim suffered psychological and emotional harm and there was a prevalence of sexual offence cases on juvenile victims by mature adults.

Justice Sharma said the offender committed a serious offence against his daughter whom he was supposed to protect.

“The victim was vulnerable and helpless, you cannot be forgiven for what you have done to her. I am lost for words, you are a shame to the society, it was due to your lust for sexual gratification that you targeted your eldest daughter. What kind of parent are you? Have you thought of the misery, shame and pain you have brought to your daughter, “Justice Sharma said. “No amount of repentance can get the victim to lead a normal life, you are a menace and a disgrace to the society, a long-term imprisonment term is inevitable.”

Justice Sharma issued permanent non-molestation and non-contact orders to protect the victim under the Domestic Violence Act due to the closeness of the relationship between the offender and the victim.

The offender has been given 30 days to appeal his sentence to the Court of Appeal.