Nuusita Ashipala
Ongwediva-The Oshakati Regional Court slapped Gervasius Nghishikomesho with a 20-year prison sentence for the horrific defiling of a seven-year-old girl at Oshityani village in Oshana Region in December 16, 2014.
The sex pervert was sentenced last week Friday. Nghishikomesho bizarrely claimed the sex was ‘consensual’. However, after the prosecution grilled him it emerged that he was drunk at the time and that there was no consent from the victim.
The defence of mutual consent cannot stand in the case of minors, as sexual intercourse with a minor is deemed statutory rape, regardless of the circumstances.
“It cannot therefore be expected of the court to now at this stage close its eyes and ears to these facts when determining whether or not the accused’s penitence is sincere,” remarked Prosecutor Nelao ya France, as she asked to court to sentence Nghishikomesho to 20 years in prison.
Ya France said the sentence was befitting, as the convict had taken advantage of the vulnerability of the child, aggravated by his perversity in raping a sexually immature and physically underdeveloped child.
“Not only was a young girl’s privacy invaded, but her innocence was forever taken away and when he was caught in the act he cowardly ran away,” ya France said in her submission.
On that fateful day, the seven-year-old victim was relieving herself in the bush at the time when she was attacked by Nghishikomesho.
The court heard during the trial that Nghishikomesho lifted her, threw her to the ground, removed her clothes and proceeded to brutally rape her.
Medical reports presented in court revealed that the minor sustained injuries during the act.
During the trial, Nghishikomesho sought to further mislead the court by creating an impression that the victim had consented to sexual intercourse. He further misled the court in claiming that the victim had asked him to have sexual intercourse with her.
“He well knew that this was just a fabricated version and far from the truth, but not that withstanding, he put the complainant through a trial in which she had to relive the ordeals and was subjected to cross-examination,” ya France further argued.
The prosecutor insisted that the wider society expected the courts to deal strictly with offenders of crimes, such as the rape of minors, as such gruesome incidents are on the increase across the country.
Phineas Nsundano represented Nghishikomesho on instructions from the legal aid directorate, with Magistrate Leonard Hangalo on the bench.