High Court of Fiji

CRIMINAL CASE NO.: HAC 117 OF 2019

STATE

V

SEVARO RARO RABOSEA

Counsel : Ms. S. Tivao for State

: Ms. L. Ratidara for Defence

Date of Judgment : 06 August 2020

Date of Sentence : 12 August 2020

SENTENCE

1. Mr. Sevaro Rabosea, you were convicted after a full defended trial of two counts of Rape and one count of Sexual Assault. The information reads as follows:
   

COUNT ONE

Statement of Offence

SEXUAL ASSAULT: Contrary to Section 210 (1) (b) of the Crimes Act 2009.

Particulars of Offence

SEVARO RABOSEA on the 8^th day of March 2019 at Waikete Village, Nausori in the Eastern Division unlawfully and indecently assaulted ATECA SAULAKI by sucking both her breasts.

COUNT TWO

Statement of Offence

RAPE: Contrary to Section 207 (1) & (2) (c) of the Crimes Act 2009.

Particulars of Offence

SEVARO RABOSEA on the 8^th day of March 2019 at Waikete Village, Nausori in the Eastern Division penetrated the mouth of ATECA SAULAKI with his penis, without her consent.

COUNT THREE

Statement of Offence

RAPE: Contrary to Section 207 (1) & (2) (a) of the Crimes Act 2009.

Particulars of Offence

SEVARO RABOSEA on the 8^th day of March 2019 at Waikete Village, Nausori in the Eastern Division had carnal knowledge with ATECA SAULAKI, without her consent.

2. You come before this court for sentence.
   
3. The facts of the case are that, the victim is 27 years of age. She is a mentally impaired person. Both her parents had passed away. She was under the care of her uncle who is also disabled. She is related and known to you. She used to feed the pigs of her uncle every evening. The pig pen was located in an isolated place in the jungle. You knew of the existence of the pig pen and you approached the victim while she was feeding the pigs. You asked her to undress and you sucked her breasts. You penetrated her mouth and her vagina with your penis. The victim did not agree to any of those sexual acts. You knew that the victim is a mentally impaired person. You did not care if the victim was consenting or not for the sexual acts. You raped and sexually assaulted the victim.
   

4. The maximum penalty for rape is imprisonment for life.

1. The victim is a mentally impaired person and was highly vulnerable. You knew of her mental capacity and exploited her vulnerability.
2. The victim trusted you as an elderly relative. You breached that trust.

100. There is a huge age gap between you and the victim. You are a grandfatherly figure to the victim.

4. The Medical Report notes the physical harm received by the victim as a result of this attack. The mental, and emotional suffering (psychological harm) caused to the victim is evident as per her Victim Impact Statement.
5. There is evidence of degree of pre-planning.
   

Mitigating Features

9. Your counsel has submitted the following mitigating features.
   1. You are an elderly person, 79 years of age. You have 10 children, grandchildren and great grandchildren.
   2. You are a first offender. For the past 79 years, you have maintained a clear record.
      
10. You have been in remand for 162 days. I have taken the remand period into consideration in deciding your sentence.
    
11. You have committed serious offences. The culpability level is high in this case. The harm caused to the victim is irreparable. Having considered the gravity of the offence and the harm caused to the victim, I pick a starting point of 9 years from the lower range of the tariff for rape.
    
12. I increase your aggregate sentence by 3 years to reflect the aggravating features of all the offences you have committed. I give a discount of 12 months to reflect the remand period and the mitigating features to arrive at an aggravate sentence of 11 years’ imprisonment.
    
13. It is unfortunate that you have committed these offences at the twilight days of your life journey. As a senior citizen, you must be ashamed of your actions. You have committed these offences on a highly vulnerable person in our society who deserved care and protection from people like you. In view of the increasing trend of sexual offences in the country, it is questionable if the lengthy custodial sentences imposed by this court on almost daily basis have had a considerable general deterrence effect on potential sex offenders. However, the sentence must nearly reflect the abhorrence and public denunciation of your actions. The primary purpose of sentencing for this matter should be denunciation.
    
14. Mr. Sevaro Rabosea, you are sentenced to 11 years’ imprisonment with a non-parole period of 8 years.
    

15. 30 days to appeal to the Fiji Court of Appeal.

Aruna Aluthge