The High Court has sentenced a man to 14 years and nine months in prison for raping his teenage niece.

He must serve a non-parole period of 13 years and 9 months.

Puisne judge Justice Pita Bulamainaivalu delivered the sentence in the Suva High Court. The offender was found guilty and convicted of one count of rape.
The incident took place last year in Nasinu.

The 15-year-old victim victim was at home while her father was in the garden and her mother was at work. Her paternal uncle came to the house and asked to use the toilet. She was washing dishes in the kitchen while he went to the washroom.

After leaving the toilet, he covered the victim’s mouth, dragged her into the bathroom, removed her clothes and raped her. She later told her father what had happened. Her mother was informed when she returned from work at 5pm.

The matter was reported to police the next morning. The man was arrested, interviewed under caution and charged.

Justice Bulamainaivalu said crimes of this nature were becoming more common and described the rape as incestuous and heinous, committed against a vulnerable girl who trusted her uncle.

He said the victim should have been safe at home but was assaulted while doing chores and caring for a child.
The judge said the assault caused emotional and psychological harm.

In her Victim Impact Statement, the victim said she no longer mingles with relatives, does not trust male family members, and has been pushed aside by some relatives.
The starting point for sentencing was 13 years.
This was increased by six years for aggravating factors, including the breach of trust and the opportunistic nature of the attack.

It was reduced by four years for mitigation, including the offender’s lack of prior convictions, age, family situation, and income. A further three months were deducted for time spent in custody.

A Permanent Domestic Violence Restraining Order was issued against the man with non-contact conditions.

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