A 20-year-old man has been sent to 5 years in jail for having unlawful sexual intercourse with his 12-year-old niece more than once, making her pregnant.

The Supreme Court heard that sometimes in October 2024, at the complainant’s home, the uncle called his niece to see something. When she approached, he grabbed her and pulled her into the house and had sexual intercourse with her.

He then told her not to tell anyone.

The court also heard that the defendant continued to have sexual intercourse with her on different occasions at her home. Sometimes in November last year, the complainant’s grandmother noticed that her physical appearance was changing. Around February this year, she informed her relatives that she was pregnant and that her uncle has been having sexual intercourse with her. A medical examination was done, which was confirmed she was pregnant.

After considering the law, aggravating factors and previous similar cases, Judge Dudley Aru, gave the defendant a sentence starting point of 9 years’ imprisonment.

His sentence was reduced by 30% due to his early guilty plea.

The sentence was reduced again by 8 months due to personal factors, such as being a first time offender and his age. He completed his education at Year 5 and could not continue due to financial difficulties. He earns his living by gardening and plans to join the seasonal work program to enable him to build his house and buy a transport for his market produce. He now lives in a de facto relationship with the victim as his partner.

The defendant’s sentence was further reduced by 2 months due to a custom reconciliation performed to the victim’s family.

His sentence is effective starting from May 28, 2025, when he was remanded into custody. Judge Aru said there are no extreme circumstances that warrant a suspension of the sentence.

The defendant was given 14 days to appeal the sentence.


SOURCE: VANUATU DAILY POST