58yr-old-rapist-blames-kava-for-his-action
On the 23rd of Arpil 2024, Gautier Waiwai (58 years old) was charged and sentenced to 2 years, 10 months and 17 days in prison for two counts of sexual intercourse without consent towards his stepdaughter who was 15 years old at the time.
Mr Waiwai told the court that the consumption of kava influenced his decision but the court disregarded this excuse and added that it was his sexual desire.
After the first rape Mr Waiwai offered an apology of VT2000 to the victim and VT5000 to the mother.
“You said that you had given VT5,000 to your partner and VT2,000 to the victim when you committed the first offending. But you paid no compensation to the victim after the second offending. You are willing to pay a custom compensation should the victim is willing to accept it.”
Personal Mitigating factors:
  • You came from a catholic mission area in the village of Sesivi in North Ambrym. You are currently a resident of Erangorango area in Port Vila, Efate.
  • You completed your primary education at Sesivi Primary School. You started Year six (6) level but you did not complete as you were disciplined and departed school. You stated that you were formerly a brotherhood and worked as a brotherhood for four years.
  • Your goal in life is to raise domestic chickens at home and sell them to earn income to pay the tuition fees for your children.
  • You have three children (two boys and a step daughter). Your step-daughter is your victim.
  • You have good relationship with your family, community and the chief.
  • You were living in a defacto relationship with Helen Waiwai and you have been living together for 10 years. But Mrs Helen Waiwai is no longer residing with you due to your offending.
  • You advised you have kidney problem.
  • You were the bread winner of the family in the late 1990’s. Currently you are self-employed.
  • You are a first-time offender. You have no previous conviction.
The starting point adopted was 5 years, after rewarding a 33% discount and considering his mitigating factors including time spent in prison while awaiting his court hearing, the final sentence was 2 years 10 months and 17days.
Disclaimer: All information sourced from the PACLII Vanuatu database, accessible to the public online.