Namibia: 17 Years' Imprisonment for Rape of Minor

29 October 2019

Windhoek — The court should forsake the element of mercy in sentencing persons convicted of sexually abusing children, said magistrate Ileni Velikoshi when imposing a 17-year imprisonment term on a man who raped a five-year-old girl in 2015 at Havana, Katutura, Windhoek.

Cornelius Shivute Ashikoto, 29, was found guilty of raping a five-year-old girl who was left in his case by the child's father.

"Instead of showing fatherly love, affection and protection to the 5-year-old girl child against the evils of the society, he made her the victim of lust," said Velikoshi.

The father of one failed to show remorse and decided to tell lies from the start of his trial to the end of it, according to the court.

Ashikoto was convicted in the Windhoek Regional Court last week. Court documents state that between 13 -14 September 2015 at Havana, Katutura, Windhoek and whilst applying physical force unlawfully, he wrongfully and intentionally committed a sexual act against the minor. The victim who took the stand during the trial, testified that she was left in the care of Ashikoto who was residing at her father's place for over a year.

She testified that on the date in question, the father had left her and Ashikoto at home so that he could attend church in the evening.

While she was sleeping in her room, Ashikoto allegedly entered the room, woke her up and removed her underwear. Ashikoto held her back and proceeded to kiss her on the lips and then had sexual intercourse with her.

The victim informed the court that although it was dark, she said that she was able to identify Ashikoto on his face because she had looked at him when he woke her up.

Dr Zam Fareed, a state medical doctor stationed at Windhoek Central Hospital, testified that the complainant's hymen membrane was not intact as there was a notching noted.

He testified that the only conclusion to be drawn from the findings is that there was sexual contact of an incomplete penetration of some sort. However, Ashikoto denied any wrongdoing. In his defence, he said the mother of the child fabricated the story and schooled the complainant to implicate him falsely because she was not happy that he was living with the complainant's father.

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