BY JENNIFER KUSAPA
A 43-year-old man from Isabel has been sentenced to six years and nine months in jail for indecently assaulting his daughter.
The man committed the acts on his third-born daughter on three separate dates between November 2020 to February 2021.
He was charged with three counts of indecent act without consent.
Chief Magistrate Emma Garo made the sentencing in the recent court circuit in Buala.
The incidents occurred at a village in the Highlands of Isabel. The first occurred on November 3, 2020 at their family home; the man told his daughter to heal him since she had some healing talent gained from a so-called healing movement.
He told his daughter to check his private parts, claiming he had some illness there. The daughter did as she was asked. It was at that time the man committed the offence.
The second offence occurred on January 5, 2021; the man again complained of the same illness, and told his daughter to bless him. The daughter did as her father told her and again, he committed the same offence.
The third offence occurred on February 8, 2021. The man and his daughter had gone to their garden in the bush to sleep so that they could begin their gardening early the next morning. That night the man called his daughter and told her to hold his private parts, there again committing the same offence.
Ms Garo in her sentencing said there is a clear imbalance of power in the offending where the accused had the upper hand all throughout the commission and the repetition of the commission of the offences.
“I am supported in this view, when the fact he had abused the power he holds as a father is combined with the age disparity, is weighed against the victim’s young age, immaturity and vulnerability,” Garo said.
She said there is a clear imbalance of power in the circumstances of the offending by the defendant. It is clear from the agreed facts, that he had the upper hand and power over his daughter because of his position as a father and his age against her vulnerability and immaturity.
“It is clear that the defendant’s actions not only robbed the victim of her innocence but also robbed her of her future in education.” Ms Garo said.
Therefore, she imposed a total sentence of six years and nine months imprisonment.