[File Photo]

A High Court judge has sentenced a man to five years, 11 months and two weeks’ imprisonment for raping his seven-year-old cousin,

The incident took place in October 2018.

The court heard that the 30-year-old, who was 22 at the time of the offence, committed the sexual assault at the child’s home.

The victim, according to the report presented in court, continues to suffer ongoing emotional and psychological trauma.

The Victim Impact Statement was filed in March this year.

The prosecution described the crime as aggravated due to the significant age gap and the breach of trust, noting that as an elder male relative, he had a duty to protect his cousin.

The prosecution also argued that a strong sentence was necessary to deter sexual offences against children, given their prevalence in Fiji.

The defence counsel urged the court to consider mitigating factors, including the man’s deafness and muteness, his otherwise clear record and the lengthy delay in the prosecution of the case.

The matter was first reported in 2018, but he was not interviewed by police until September 2022, and was only brought before the Magistrates’ Court in January 2024.

High Court Judge Justice Lee Burney acknowledged the man’s youth and immaturity at the time of the offence, noting that young offenders continue to develop beyond their 18th birthday.

He also recognized the additional challenges the man would face in prison due to his communication difficulties.

However, the judge emphasized that the rape of a child is a crime of the utmost gravity, warranting significant custodial punishment to protect vulnerable children and deter others.

After accounting for mitigating factors and the lengthy delay in bringing the case to trial, Justice Burney reduced the sentence to just under six years with adjustments for time already served in custody.

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