Man sentenced to 17 years for rape of niece
• Court highlights rape is most often
perpetrated by close family members
A young girl testified that after she was raped by her uncle at the age of 13, her grandmother no longer wanted her to stay in their home.
The Eenhana Magistrate Court has sentenced 44-year-old Mbodje Martin Nande to 17 years in prison after he was found guilty of raping his 13-year-old niece in 2017.
Nande, who has been free on bail since 2017, was 38 years old at the time he raped the 13-year-old girl.
Magistrate Ruben Mutuku said the prevalence of rape in Ohangwena Region, especially sexual violence perpetrated by persons close to the victims, cannot be overemphasised.
"From the few matters that this court has dealt with, the perpetrator has always been someone within the family, an uncle, cousin, or stepparent preying on the vulnerable girls within the family," he said.
He pointed out that Nande's case is no different, as the accused is the complainant's uncle. The magistrate pointed out that the victim sustained injuries during the rape.
Severe consequences for survivor
In his judgment, Mutuku underlined the impact of the rape on the victim. She had testified that she suffered from depression and stigma after the rape and was shunned by her grandmother.
"It has negatively affected her in that now the friends know that she was raped by her uncle, and after the incident, her grandmother did not want to house her any longer as the accused person was considered more of a relative than the victim," Mutuku said.
Mutuku stressed that a rape victim does not invite being raped; it is something that happens against their will.
He said the court hoped that the lengthy sentence imposed would deter the accused and would-be offenders from committing such violent crimes.
Mbondje conducted his own defence, while the State was represented by prosecutor Elina Hashipara.
Nande, who has been free on bail since 2017, was 38 years old at the time he raped the 13-year-old girl.
Magistrate Ruben Mutuku said the prevalence of rape in Ohangwena Region, especially sexual violence perpetrated by persons close to the victims, cannot be overemphasised.
"From the few matters that this court has dealt with, the perpetrator has always been someone within the family, an uncle, cousin, or stepparent preying on the vulnerable girls within the family," he said.
He pointed out that Nande's case is no different, as the accused is the complainant's uncle. The magistrate pointed out that the victim sustained injuries during the rape.
Severe consequences for survivor
In his judgment, Mutuku underlined the impact of the rape on the victim. She had testified that she suffered from depression and stigma after the rape and was shunned by her grandmother.
"It has negatively affected her in that now the friends know that she was raped by her uncle, and after the incident, her grandmother did not want to house her any longer as the accused person was considered more of a relative than the victim," Mutuku said.
Mutuku stressed that a rape victim does not invite being raped; it is something that happens against their will.
He said the court hoped that the lengthy sentence imposed would deter the accused and would-be offenders from committing such violent crimes.
Mbondje conducted his own defence, while the State was represented by prosecutor Elina Hashipara.
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