High Court Judge Alfred Siboleka has a daunting task of deciding an appropriate sentence for a former hostel caretaker who is convicted on multiple counts of rape for sexually violating 10 minor boys.
The court found Mervin Nguyapeua (52) guilty on all 32 counts of rape he was facing trial for. According to the Combating of Rape Act 8 of 2000, any person convicted of rape faces five years imprisonment, and if the act of rape was done under coercive circumstances, the court may impose a sentence of 10 years imprisonment.
During pre-sentence submissions yesterday, the court asked the State on its stance on the sentence, bearing in mind that if the minimum sentence is imposed on each count, Nguyapeua faces up to 160 years imprisonment.
State prosecutor Seredine Jacobs said the court needs to strike a balance between imposing an inhumane sentence, and sending a strong message to society as a guardian of all minors. The State proposed that the sentence imposed on each count in respect of each victim, should run concurrently.
“The acts he committed were premeditated. He carefully chose and groomed his victims. This is one of the first cases where we saw sexual grooming in many phases,” said Jacobs.
She also submitted that the father of 17 did not show any remorse for what he had done. He tried to blame the victims.
Nguyapeua said he cannot feel remorseful or apologise for something he has not done.
“I want the court to let me go because I have not done anything wrong. All the people who testified during the trial lied,” he claimed.
Nguyapeua informed the court that the whole trial was procedurally unfair, and he plans on lodging an appeal.
During the trial, witnesses testified that the first incident occurred during the second school term of 2013 when Nguyapeua allegedly raped a 14-year-old boy, and further sexually assaulted other boys during 2014, 2015 and in February 2016.
Nine of the boys allegedly raped by him were under the age of 16.
Two of them were 13 years old at the time of the alleged incidents, six of them were 14, and one was 15.
The sexual acts committed on the victims include stimulation of the boys’ genitals and anal intercourse. Judge Siboleka will deliver his sentencing verdict on 8 March.
- mamakali@nepc.com.na