Man gets 11 years for rape

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BY JENNIFER KUSAPA

A teacher has landed himself 11 years in jail for raping his daughter.

Court found the man guilty of committing the crimes twice on his daughter at a school in Isabel in 2016.

The victim was 17 years old and her father 44 years old at the time of offending.

Chief Justice Sir Albert Palmer in his sentence said the maximum sentence for rape is life imprisonment and is reflective of the view that Parliament takes in relation to this type of offence and the need to protect young girls from this type of unlawful activity by some men.

“The courts have a duty to respond to this widespread public concern in the community by ensuring that fair and just penalties are imposed that will send a clear message of both general and specific deterrence to the community that those who offend will expect an immediate and lengthy custodial sentence if convicted.”

He also revealed that there has been an unprecedented increase in the commission of sexual offences against young girls and children and numerous concerns have been expressed about this abnormal increase in this type of offending in our society.

Sir Albert said such offence robs the child of her innocence and the defendant’s actions were both selfish and disgraceful.

“One of the aggravating features of this case is breach of trust and accountability he held towards the victim as her biological father. He was in a position of power, authority and trust, and had a duty of care towards the victim. The victim in turn is entitled to rely on him for her safety, protection, wellbeing, love and affection as a father.

“In fact, the evidence adduced showed that she was raped at the times when she had gone to her father’s for food as she was hungry. She was at boarding school where her father was a teacher and during her break times on those two occasions she had decided to go to her father’s house for food. The first incident occurred during morning break from school, while the second incident occurred after her prep (study) time in the evening. On both occasions he took advantage of her vulnerability and abused his position of power and authority and raped her.”

The court after considering the circumstances and actions of the defendant impose 14 years jail term however, taking all his mitigating factors into account, the court deduct three years from the sentence of 14 years, leaving a total sentence of 11 years to be served.

Therefore, the man is to serve 11 years in jail.

This is the case of a man accused of raping his own daughter at a school in Isabel province on unknown dates in 2016.

The man is charged with two counts of rape contrary to section 136F (1) (a) and (b) of the Penal Code [cap. 26], as amended by the Penal Code (Amendment) (Sexual Offences) Act 2016 (“the Sexual Offences Act, 2016”) and has been convicted after a trial.

According to the facts before the defendant had made special arrangements to have his daughter stay with him and his family to enable her to attend school. She was his child born from a relationship he had with the mother of the victim in his early years while working as an Agriculture Officer at the village where the mother was.


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