The State wants the Windhoek Regional Court to sentence a man from northern Namibia, who raped a 13-year old girl four times during 2019 and 2020, to the maximum allowable punishment.
Windhoek Regional Magistrate Celma Amadhila had earlier convicted Kaili Werner (45) on four counts of rape.
During submissions on the sentence to be imposed, Prosecutor Emma Mayavero told the court the ordeal the rape victim endured will have an everlasting effect on her. “She will never forget what that man did to her, and the trauma will follow her wherever she goes,” She stressed.
According to her, a severe sentence that brings home the message to the next would-be child rapist that the courts will not tolerate such behaviour, is justified in the circumstances. She further said Werner did not show any remorse for his evil deeds, and denied guilt till the end.
Mayavero further said the offences are aggravated by the fact that they happened almost daily for a period of one year before the victim gathered the courage to speak up. She asked the court to sentence Werner to 20 years on each conviction, with some sentences to run concurrently.
Melissa Windisch, who represented Werner on instructions of Legal Aid, told the court her client is a first-time offender at the age of 45, and deserves mercy from the court. She said he was remorseful, and took responsibility for his actions.
Windisch told the court every accused has the right to defend himself in a court of law, and the fact that her client made use of his constitutional right to defend himself should not be held against him. She asked for a sentence that would not break the accused, and proposed 18 years.
While Werner denied the rape allegations and said the girl was instigated by his estranged wife to accuse him, the magistrate found there was credible evidence to convict him. According to the evidence, the rapes occurred during August 2019 and again from January to April 2020 while they were in the north.
Werner told the court he was a community leader, and wanted to help the girl and her two brothers by taking care of them.
He was arrested on 9 August 2022, after the girl confided in the rapist’s wife about the incidents. According to Amadhila, the offences were aggravated by the fact that Werner was responsible for the safety of the victim, but he abused his position of trust for self-gratification.
“He misused the trust that was placed in him,” the magistrate stressed.
She, however, acquitted Werner on one count of rape and five alternative counts of having carnal intercourse with a girl under the age of 16.
Amadhila said she will deliver the sentence on 27 June.
-rrouth@nepc.com.na