Young man gets 10-year prison term for child rape

A YOUNG resident of the Ohangwena Region who was accused of raping an eight-year-old girl while she was on her way to school five years ago has been sentenced to an effective ten years’ imprisonment during the current circuit court session of the High Court at Oshakati.

Judge Louis Muller sentenced the 21-year-old Victor Nghilifevali Shilongo (21) from Etope village in the Ohangwena Region to a 15-year prison term, of which five years were conditionally suspended for a period of five years. Shilongo had been convicted on a charge of rape.He was accused of having raped an eight-year-old girl at their village on April 11 2002.During Shilongo’s trial, Judge Muller heard that Shilongo went to fetch firewood in the nearby bush at the village on April 11 2002.He saw the girl walking along a footpath on her way to school.Shilongo then took a stick and asked the little girl to have sexual intercourse with him – or else he would beat her.Out of fear, the girl tried to run away, but Shilongo chased and caught her.The girl was crying and Shilongo told her that if she continued crying he would beat her.Shilongo then instructed the girl to lie on her back, which she did.He proceeded to rape her.When he had completed his mission, he told the little girl to put on her panties and to proceed to school.The little girl told her teachers about the incident and Shilongo was arrested.He was charged with a count of rape and with a charge of assault with intent to do grievous bodily harm.During the trial, the little girl told the court that Shilongo never beat her but only threatened to beat her up if she continued crying.Judge Muller acquitted Shilongo on the assault charge, and found him guilty on the rape charge only.In his arguments to the court before Shilongo was sentenced, Directorate of Legal Aid defence counsel Godfrey Bondai told the Judge that Shilongo was 16 years old when he committed the rape.He is uneducated, never went to school and cannot read and write, Bondai told the court.He said Shilongo herded cattle and tended the mahangu field of his parents, that he had a clean criminal record and he had shown remorse by pleading guilty.Bondai also pointed out that five years have passed since the rape and no explanation for this delay was offered.Bondai further said that because Shilongo was not yet 18 when he committed that offence, the mandatory minimum sentence in terms of the Combating of Rape Act is not applicable.State Advocate Innocentia Nyoni agreed with Bondai that the mandatory minimum sentences provided by the Act are not applicable, but also urged the court to take the expectations of society into consideration.Nyoni further submitted that the complainant in this case was only eight years old at the time and on her way to school, that she attempted to run away from Shilongo when he accosted her, was threatened, cried in vain and was finally raped by Shilongo.With the sentencing, Judge Muller said that despite his agreement that Shilongo was not subject to the minimum mandatory sentence, he would not have imposed a sentence of less than 15 years for this offence under the circumstances and taking all the factors in the case into account.Judge Muller added that because Shilongo is still young and may be rehabilitated, he would suspend a third of the sentence in the hope that such an offence would never be repeated.Shilongo had been convicted on a charge of rape.He was accused of having raped an eight-year-old girl at their village on April 11 2002.During Shilongo’s trial, Judge Muller heard that Shilongo went to fetch firewood in the nearby bush at the village on April 11 2002.He saw the girl walking along a footpath on her way to school.Shilongo then took a stick and asked the little girl to have sexual intercourse with him – or else he would beat her.Out of fear, the girl tried to run away, but Shilongo chased and caught her.The girl was crying and Shilongo told her that if she continued crying he would beat her.Shilongo then instructed the girl to lie on her back, which she did.He proceeded to rape her.When he had completed his mission, he told the little girl to put on her panties and to proceed to school.The little girl told her teachers about the incident and Shilongo was arrested.He was charged with a count of rape and with a charge of assault with intent to do grievous bodily harm.During the trial, the little girl told the court that Shilongo never beat her but only threatened to beat her up if she continued crying.Judge Muller acquitted Shilongo on the assault charge, and found him guilty on the rape charge only.In his arguments to the court before Shilongo was sentenced, Directorate of Legal Aid defence counsel Godfrey Bondai told the Judge that Shilongo was 16 years old when he committed the rape.He is uneducated, never went to school and cannot read and write, Bondai told the court.He said Shilongo herded cattle and tended the mahangu field of his parents, that he had a clean criminal record and he had shown remorse by pleading guilty.Bondai also pointed out that five years have passed since the rape and no explanation for this delay was offered.Bondai further said that because Shilongo was not yet 18 when he committed that offence, the mandatory minimum sentence in terms of the Combating of Rape Act is not applicable.State Advocate Innocentia Nyoni agreed with Bondai that the mandatory minimum sentences provided by the Act are not applicable, but also urged the court to take the expectations of society into consideration.Nyoni further submitted that the complainant in this case was only eight years old at the time and on her way to school, that she attempted to run away from Shilongo when he accosted her, was threatened, cried in vain and was finally raped by Shilongo.With the sentencing, Judge Muller said that despite his agreement that Shilongo was not subject to the minimum mandatory sentence, he would not have imposed a sentence of less than 15 years for this offence under the circumstances and taking all the factors in the case into account.Judge Muller added that because Shilongo is still young and may be rehabilitated, he would suspend a third of the sentence in the hope that such an offence would never be repeated.