WINDHOEK – Windhoek High Court Acting Judge Orben Sibeya yesterday sentenced three young men from Aminuis in the Gobabis district to sentences ranging from 10 years to seven years on convictions of rape of a 13-year-old girl.
Abram Keinamseb, Maatava Gamseb and Ricardo Siskae, who was 15 years old at the time of the incident, were convicted of raping the complainant at Corridor 4 on 28 July 2015.
Although the Criminal Procedure Act prescribes a minimum sentence of 15 years for first time rape convicts, it does make provision for a judge to deviate from the prescribed sentence if substantial and compelling circumstances exist, Judge Sibeya said before he sentenced the accused.
He sentenced Keinamseb to 10 years’ imprisonment, Gamseb to 10 years and Siskae to seven years of which two years were suspended for five years on condition he is not convicted of rape during the period of suspension.
According to the judge, the complainant did not suffer any physical injuries when she was violated which counted in favour of the accused.
He further said their relative youthfulness coupled with their prolonged incarceration while waiting for their trial to conclude also counted in their favour.
All three accused pleaded not guilty to the charges, with Gamseb and Siskae denying they were at the scene while Gamseb said the complainant was his girlfriend and they had consensual intercourse.
Judge Sibeya found that the state failed to prove the accused assisted each other to rape the complainant and found them not guilty on those charges, but did find that each of them had their turn to have intercourse with her against her will.