1 February 2013

Namibia: 15 Years in Prison for Rape of Child

A WINDHOEK resident convicted of raping a four-year-old child when he was 21 years old received the prescribed minimum prison term of 15 years for the crime this week.

Transport company employee Kallie Tities, now 29 years old, abused the trust of an innocent four-year-old child, and used her as a passive object on which he wanted to satisfy his lust, Windhoek Regional Court Magistrate Sarel Jacobs remarked when he sentenced Tities on Wednesday.

The girl involved in the matter was entitled to live her young life free from such a gross invasion of her dignity, the magistrate told Tities.

He reminded Tities that rape is regarded as a serious crime, and that is even more so when it is perpetrated on a small child.

The courts have a duty to protect children against people like the accused, he said.

Magistrate Jacobs did not find any substantial and compelling circumstance present that would have warranted a deviation from the prescribed minimum sentence laid down in the Combating of Rape Act. That minimum sentence prescribed by the Act is a term of 15 years' imprisonment.

Tities was accused of having raped a four-year-old girl at his home in Katutura in August 2004.

According to the evidence heard during the trial the girl was part of a group of children who were playing at the house where Tities also lived on the day of the alleged incident.

At one stage, Tities chased the children out of the house, but he then called the girl back into the house, the girl herself and an adult witness who was also at the house told the court.

Tities appeared not to have been aware of the adult witness's presence in the house.

The court was told that he called the girl into his room, and that he then closed and locked the door.

According to the girl he then took off her underwear and raped her.

The events came to an end when the adult witness, who had discovered that the door of Tities's room had been locked, went to knock at his window.

The magistrate also heard that, during a medical examination of the girl about a month after the alleged incident, it was discovered that she had contracted a sexually transmitted disease.

Tities is a father of two children, his defence lawyer, Tabitha Mbome, informed the court after he had been found guilty last week. He is maintaining his children, their unemployed mother, and also two of his siblings after their parents both died, the court was told.

After his sentencing, Tities told the magistrate that he wants to appeal in a bid to have his sentence reduced.

Public Prosecutor Cliff Lutibezi represented the State during the trial.

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