Windhoek
“The accused is a subsequent offender who was convicted among others of a sexual effect namely, rape. It appears to me that the accused has a propensity of committing sexual offences. He has no respect for women and children.”
These were the words Judge Naomi Shivute had for Swakopmund resident Stefanus Hendrik Ruba Gariseb before she sent him to jail for seven years.
Gariseb was last month convicted of indecently assaulting his nine-year-old niece by Shivute in the Windhoek High Court.
He was originally charged with multiple counts of rape, but the judge ruled that the State failed to prove that penetration took place when Gariseb allegedly raped the complainant.
The judge found that while there was evidence of some redness on the skin around the perineum and a white discharge on the vulva, the only evidence that was placed before court was that the accused placed his penis between the buttocks of the complainant and made “up and down movements”, she said.
According to Shivute, although the accused was convicted of indecent assault, it is of a serious nature because he placed his private part between the complainant’s private parts and was doing up and down movements.
“It is also aggravated by the fact that the accused is an uncle to the complainant,” the judge stressed.
According to her, Gariseb opted to sexually abuse the young girl instead of protecting her as he was supposed to do.
“This is a grave situation, which calls for the accused to be isolated from the public so as to protect its vulnerable members, namely women and children,” Judge Shivute emphasised.
She added that although the accused pleaded for mercy, the court views what he did in a serious light.
She said the only factor that weighs in his favour is the period of four years and 48 days that he was incarcerated pending the finalisation of his trial, which she took into account when she determined the sentence of seven years.
Gariseb was arrested after the stepfather of the complainant, who was nine years old at the time, walked into the room where he allegedly was having intercourse with the child on April 1, 2011.
Vetu Uanivi represented Gariseb on instructions from the Directorate of Legal Aid. State Advocate Innocencia Nyoni appeared on behalf of the State.