A former police officer was convicted of the rape of his biological daughter by Windhoek High Court Judge Claudia Claasen yesterday. 

The judge further convicted the man – who cannot be named to protect the identity of the victim – of incest. 

She, however, acquitted him on three counts of child trafficking, and one count of assault by threat. 

The man was accused of raping his biological daughter several times, and forcing her to abort the foetus after impregnating her.

He was further accused of trafficking the victim for sexual exploitation. Judge Claasen, however, found that the girl travelled with her father freely after her mother agreed that she could go and live with him, as she had disciplinary issues. 

With regards to the assault charge, the judge found there is insufficient evidence to prove the charge, as the mother of the victim and the victim herself “fluctuated” on the evidence presented.

But, said the judge, the victim was very clear and concise in her testimony about the sexual encounters between her and her father.

According to evidence presented, the first encounter occurred at a family gathering at Jakkalsputz during December 2009.

Judge Claasen said the complainant’s evidence on that incident was credible and reliable in all material respects. “She was clear in her evidence that it was her father who did up and down movements with his penis inside her vagina, and that she saw him removing his penis as she awoke from her sleep,” Judge Claasen recounted. 

She further said the complainant recalled the ghastly details because it was that first sexual incident wherein her father took away her childhood. 

The judge said she has no hesitation in finding that the complainant told
the truth about the Jakkalsputz
incident, and rejected the denials of the accused as false beyond reasonable doubt. 

Furthermore, she said, the evidence proves that a sexual act took place, which was intentional and unlawful, and that coercive circumstances prevailed in that the victim was a minor (15-years-old) and the perpetrator was her father, who abused the trust that was placed in him.

With regards to the second charge of rape where it is alleged that he raped the victim at Oshikango, the judge said the evidence does
not support a conviction of
rape.

 However, she said, the admission of the accused himself that a sexual act took place between him and his biological daughter does sustain a conviction on the alternative charge of incest. She said the inability of the complainant to clearly recall the details of the sexual encounter is not viable to sustain a conviction of rape. 

However, she said, there is no doubt that sexual conduct took place between the accused and his daughter, and that it is prohibited by law. 

She further said the complainant testified that her father pushed her into the room and locked the door, which is indicative of the element of intention. In the end, the judge said, the charge of incest was proven by the State without a doubt.

The matter was postponed to 23 October for pre-sentencing procedures. 

The accused is remanded in custody at the trial-awaiting section of the Windhoek Correctional Service. He is represented by Joseph Andreas on instructions of Legal Aid, and the State by Advocate Palmer Khumalo.

– rrouth@nepc.com.na