A father that was accused of raping a girl, with the company of his wife, was handed 16 years behind bars by the Supreme Court.
Supreme Court is yet to hand down its judgment on the wife’s case but Timothy Kavila has been given 16 years to be served in prison.
Justice James Paul Geoghegan sentenced Kavila to 16 years on one count of sexual intercourse without consent, two years for one count of act of indecency and three years to a count of threats to kill.
The Tanna man was also handed nine months imprisonment for intentional assault. Justice Geoghegan then ordered all sentences to be served concurrently.
This sentencing was given on the first case that Kavila and his wife were involved in and the second case is underway featuring the same couple on an alleged similar act with another victim.
The second case was committed to the Supreme Court last week.
The Judge told Kavila that his period in custody will be taken into account in the calculation of his parole and release dates by the Corrections.
He adopted a starting point of 20 years imprisonment.
“Taking into account that the other offences and the fact that they were committed during the course of this horrific four days of offending, I consider that the starting point of 20 years also adequately accounts further uplift in that starting point,” he said.
“There are no personal aggravating features which would justify any further uplift in that starting point.
“I turn then to consider the mitigating factors which should be taken into account.”
He disagreed with the defense lawyer, Less Napuati, that Kavila pleaded guilty to the first available opportunity instead he admitted the offence at the commencement of his trial.
He deducted 12 months for a custom reconciliation performed, remorse, co – operation with the police and his clear past history.
He deducted three years (15 percent) for the guilty plea leaving the 16 years to be served behind bars.
Justice Geoghegan said that on February 13 this year Kavila and his wife paid a visit to the victim’s family at Salili where she asked them to assist her financially to get a passport.
He said that they then took the victim to Teouma Bridge were they live and after the meal everyone went to bed including the victim.
While she was sleeping Kavila and his wife went to her bedroom both naked and asked the victim if they could touch her body.
The victim replied that she did not wanted to do that but was then threatened that if she failed to cooperate, she will be knifed down.
Kavila agreed that his wife spoke the words after he instigated her to do so.
The Court found that Kavila continued to sexually assault the victim without her consent later that same night.
Justice Geoghegan said that on the next day February 14, the man continued to rape the victim.
On February 15 the victim attempted to escaped the house but was assaulted by Kavila and threatened that he would use a knife on her and throw her body into the nearby river if she ever attempted to leave the house.
Kavila raped her again in the evening and the next day, the wife left the property after an argument between the couple. He then raped the victim again for the last time and took her to town and bought a bag of rice, two blankets and two 20 yard pieces of calico to provide as a peace offering.
The Court found that it was then that Kavila realised that his wife reported what he did to the victim.
Justice Geoghegan said that the offence is most appalling kind as he engaged in deception to lure that young woman to his home and used violence and threats to force her into sexual acts against her consent.
He said that she was also held against her will and isolated from any means of obtaining help or assistance.
“The reports tells me that while you speak of having a happy relationship with your family, you wife, who is still to have her part of this offending determined by the court, has referred to a relationship with you involving violence, dominance and control by you,” he said.
“She has referred to receiving physical assault from you.”
The Judge said that the offending was planned, involved considerable degree of deception and significant breach of trust and the force was used to gain sexual gratification.
He said that Kavila used his wife to threaten the victim and told her if she ever tried to leave the house he will kill her with a knife.
The victim was held hostage for a period of four days.
The Judge said that Kavila is a dangerous man to remain near women, then sentenced him to 16 years behind bars.