A 47-year-old man who raped and sexually abused his 12-year-old niece over a period of one year was jailed for 12 years by the High Court in Lautoka.

In delivering his sentence, Justice Aruna Aluthge said the aggravating factors were the considerable age gap between the accused and the victim, the fact that she was his niece and lived with him under his care and protection and would never have expected him to commit those crimes on her.

He also said there was evidence that the offences were pre-planned.

Justice Aluthge said the mitigating factors were – the accused has cooperated with police during the investigation, pleaded guilty at the first available opportunity, had no previous convictions and had a clear record.

During proceedings it was revealed that during January 1, 2022 and December 31, 2022, the complainant was at home when the accused entered her bedroom.

She was sitting on her bed when the accused sat beside her and told her to close the door.

The complainant closed the door and by that time, the accused was naked. He took off her clothes, paid down on the bed and raped her.

Again, between February 1, 2023, and September 13, 2023, the accused entered the complainant’s bedroom and continued to rape her.

On September 16, 2023, the complainant was home with her siblings when he sent them to plant cabbage and sent the complainant to tidy her room. He entered her room and raped her. After that incident, the matter was reported and the complainant was medically examined and the accused was arrested on September 20, 2023, interviewed under caution, charged and produced in the Lautoka Magistrates Court.