The Supreme Court last week sentenced a 49-year-old man to 6 years and 10 months in prison for raping his two stepdaughters multiple times.

The court heard that the father had sexual intercourse with one of his stepdaughters on three occasions over a span of some years, starting when she was only 11 years. He asked her to follow him into the bushes twice and the garden once, where he threatened her with a knife and sexually assaulted her. She became tired of his behaviour and reported him in 2021.

In September 2017, he threatened his other stepdaughter with a knife and had intercourse with her.

He told her not to tell her mother.

The accused pleaded guilty to three charges of unlawful sexual intercourse relating to victim one and one charge of sexual intercourse without consent contrary to the Penal Code [CAP 135] relating to victim two.

After considering the aggravating factors and past decisions of the court on the same offending, Judge Maree A. MacKenzie gave the man a starting point of 11 years imprisonment.

His sentence was reduced by 44 months due to his early guilty plea, and a further 6 months for being a first time offender.

“While delay in the prosecution is regrettable, no reduction for that factor is warranted. Your liberty has not been restricted in any meaningful way and it has allowed you (the accused) the opportunity to apologise to the victims,” stated the judge.

“You say that you are upset about taking advance of the victims.

That needs to be tempered with the minimisation and justification of the offending.

There can be no separate discount for remorse. While it need be exceptional, it needs to be actually experienced. The minimization and justification of the offending speak against genuine remorse.”

The counsel for the accused requested that his sentence be suspended, but the Public Prosecutor disagreed.

Judge MacKenzie declined to suspend the sentence.

“Exploitive sexual behaviour towards vulnerable young females must be strongly condemned, as recognised by the Court of Appeal in Public Prosecutor V Gideon. Suspension of the sentence would send a very wrong message to both you and others,” he stated.

The accused failed to appear for sentence on August 1 and a warrant was issued for his arrest.

The arrest warrant was issued on Thursday, October 3.

He was given 14 days to appeal the sentence.


SOURCE: VANUATU DAILY POST