|
|
Home
| Databases
| WorldLII
| Search
| Feedback
High Court of Fiji |
IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION
CRIMINAL CASE NO.: HAC 150 OF 2014
STATE
v
SEMI SEAVULA
Counsels : Mr. AmanDattfor the State
The accused in person
Date of Sentence : 26 February 2015
(Name of the victim is suppressed she is referred to as AN)
SENTENCE
COUNT 1
Statement of Offence
RAPE: Contrary to Section 207 (1) and (2) (a) of the Crimes Decree No. 44 of 2009.
Particulars of Offence
SEMI SEAVULA, sometime between the 22nd day of May 2011 and the 28th day of May 2011, at Nadelei, Vatukoula, in the Western Division, had carnal knowledge of AN, and at the relevant time the said AN was under the age of 13 years.
AN, around 12 years old at the time [DOB 26/05/99], Student, of Nadelei Village, Vatukoula, Tavua ("the victim") is the niece of Semi Seavula, 41 years old, Cane harvester, of Nadelei Village, Vatukoula, Tavua ("the defendant").
In May 2011, both the victim and the defendant were residing at Nadelei Village. The victim was staying there with her parents and siblings. She was a Class 6 student at Nadelei Catholic School.
Sometimes between 22nd and 28th May 2011, the victim was returning home from school. Her other siblings had walked ahead of her hence the victim was walking alone. Before the victim reached home, she met the defendant sitting under a mango tree beside the road.
The victim kept walking past him. Suddenly the defendant ran after the victim, covered her mouth by pressing on it, and dragged the victim into a nearby bush. The defendant pulled the victim's panty down with one hand whilst holding her tightly with the other hand. He then threatened the victim not to shout or he will punch her. The victim got scared and obliged.
The defendant then made the victim lie on the ground and took off his clothes. He lay on top of the victim, lifted her leg, and inserted his erected penis into the victim's vagina. The defendant forcefully penetrated the victim's vagina with his erected penis several times, without her consent. The episode lasted for about 2 minutes. The victim was in pain afterwards.
The defendant then stood up and warned the victim not to tell anyone about the incident. He then went away. The victim slowly got up, got dressed, and then went home. She did not tell her parents about the incident as she was scared of the defendant.
In 2014, upon inquiries from family members, the victim told her mother, aged 41 years, and her father, aged 49 years, about the incident. The matter was then reported to the police. The victim was medically examined on 3rd March 2014 where the doctor noted that there were "no outer vaginal injuries" and "hymen not intact".
The defendant was cautioned interview in which he admitted, from Q23 to Q32, that the defendant knew the victim and on the day in question he had grabbed the victim and had sexual intercourse with her. The defendant also admitted that he threatened the victim. At Q52 the defendant sought forgiveness for what he had done.
The accused was later charged with one count of 'Rape' contrary to Section 207 (1) and (2) (a) of the Crimes Decree 2009. On 23 January 2015, the defendant pleaded guilty to the charge after waiving his right to counsel.
"We consider that at any rape case without aggravating or mitigating features the starting point for sentencing an adult should be a term of imprisonment of seven years. It must be recognized by the Courts that the crime of rape has become altogether too frequent and that the sentences imposed by the Courts for that crime must more nearly reflect the understandable public outrage. We must stress, however, that the particular circumstances of a case will mean that there are cases where the proper sentence may be substantially higher or substantially lower than that starting point."
"Rape of children is a very serious offence in deed and it seems to be very prevalent in Fiji at the time. The legislation had dictated harsh penalties and the Courts are imposing those penalties in order to reflect society's abhorrence for such crimes. Our nation's children must be protected and they must be allowed to develop to sexual maturity unmolested. Psychologists tell us that the effect of sexual abuse on children in their later development is profound."
In this case 42 year step father was sentenced for 13 years with non parole period of 10 years for digital rape of 14 year old step daughter.
"The accused's engagement in his unilateral sexual activity with a little girl who was insensitive to such activity is most abhorrent. This kind of immoral act on a little girl of MB's standing is bound to yield adverse results and psychological trauma, the effect of which is indeed difficult to foresee and asses even by psychologists and sociologists. The depravity of the accused in committing the offence should be denounced to save little children for their own future; and, the men of the accused's caliber should not be allowed to deny the children of their legitimate place in the community. In passing down the sentence in case of this nature, deterrence is therefore, of paramount importance."
Sudharshana De Silva
JUDGE
At Lautoka
26th February 2015
Solicitors: Office of the Director of Public Prosecution for the State
The accused in person
PacLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.paclii.org/fj/cases/FJHC/2015/118.html
