03/12/2021

Father given 4 years for raping his daughter

A father has been ordered four years and two months behind bars after he admitted raping his daughter back in their village.

Justice Dudley Aru commented a breach of trust between the duo at and the victim was supposed to be protected by her assailant from such activity.

The father could not be named as it may identify the identity of the victim.

The man who admitted one count of incest contrary to section 95 of the Penal Code Act CAP 135 – the offense carries up to 15 years imprisonment.

The defendant pleaded guilty to one count of incest after being re-arraigned and was convicted accordingly.

The undisputed facts revealed that sometime between November 1 and November 30, 2020, the victim was inside their house in the village when her father approached her and began touching her body.

Justice Dudley Aru said the victim began to cry and ran outside the house but was pursued by her father who later pulled her aside to a nearby mango tree. He forced her to remove her clothes and had sexual intercourse with her by inserting his penis into her vagina.

The defendant knew that the complainant was his biological daughter and that she was around 17 to 18 years old when the offense occurred. When the matter was reported to the Police the defendant was arrested admitted the offending.


Justice Aru said that there is a breach of trust as the defendant was the victim’s father and the offending occurred in a home that should provide her with a secure environment to live in.

He said that there is an age disparity as the father is much older than his daughter and the incident exposed the complainant to the risks of unwanted pregnancy and sexually transmitted diseases.

Supreme Court said there are no mitigating factors of the offending but considered the defendant’s guilty plea at the commencement of the trial and was given a 15 percent reduction of sentence for that.

The father is a first-time offender, 49 years old, and is married with eight (8) children. He has not had any formal education and lives in the village. He assists with community activities and is a member of the Assemblies of God Church.

He earns his income to support his family by growing food crops such as yams and kava and selling them. He suffers from diabetes from time to time.

The Report says the defendant performed custom reconciliation in Santo by giving VT 15,000 to families of his daughter with a bucket of kava juice. The defendant confirmed to the Probation Officer that the complainant was not aware of this.

The court arrived with an end sentence of 4 years and 2 months imprisonment to be served behind bars.