Man jailed again for stepdaughter rape
A 64-year-old man who was acquitted on a charge of rape of his stepdaughter last year and fined N$10 000 for a lesser charge relating to an unlawful sexual offence against the girl, is again behind bars after his arrest last week on charges of rape of the same girl.
Elias Shaanika remains behind bars after his case was postponed this week to 15 November for legal aid last week.
The police said he was arrested for raping his 15-year-old stepdaughter on 20 September, while her mother was away from the home they all share.
The police report stated that Shaanika was arrested at about 21:30 after he allegedly woke his stepdaughter and forced her to have sex with him.
This is the second time Shaanika has been arrested in connection with rape charges of his stepdaughter.
The police stated that “the suspect is the stepfather of the victim and it is reportedly the second time that the suspect raped the same victim. In the first offence, the suspect was convicted where he paid a fine of N$10 000”.
However, upon enquiry by Namibian Sun, court documents at Omaruru indicated that Shaanika was found not guilty and acquitted on a count of rape, under the Combating of Rape Act 8 of 2000, in November 2016.
Shaanika's N$10 000 fine stemmed from two alternative charges he faced under the Combating of Immoral Practice Act 21 of 1980, which made provision for a fine and or imprisonment, depending on the circumstances of the case and the evidence before the court.
Omaruru court documents show that he was arrested in 2015 and charged with a count of rape under the Combating of Rape Act 8 of 2000 and two alternative counts under the provision of the combatting of immoral practices act, 21 of 1980.
In November 2016, he was found not guilty and acquitted on the count of rape.
However, he was found guilty under one or both of the alternative counts, and was instructed to pay N$10 000, of which N$5 000 was suspended for a number of years.
The court documents stated that the first alternative to the count of rape was for the unlawful intercourse with a girl under the age of 16 and the second alternative was the committing of an immoral act with a girl under 16.
Alternatively, if he could or would not pay the fine, Shaanika would face eight years of imprisonment of which four years were suspended, on the alternative charges.
This sentence is in line with the provisions of the Combating of Immoral Practice Act 21 of 1980, which stipulate that any person who commits or attempts to commit a sexual act with a child under 16 years or an indecent or immoral act with such a child, or solicits such a child to the commission of a sexual or indecent or immoral act could be convicted to a fine not exceeding N$40 000 or to imprisonment not exceeding 10 years or both.
Legal Assistance Centre lawyer Dianne Hubbard explained that she could not go into a detailed account or explanation of the case, unless all relevant details that were placed before the court during the trial, including testimony and evidence, were before her.
She did explain that the fine imposed on Shaanika last year was in line with the provisions of the Combating of Immoral Practice Act 21 of 1980 “which does provide for fines as a competent punishment”.
Hubbard explained that this act covers indecent or immoral acts “which are a broader range of physical acts than the sexual acts” which are covered under the Combating of Rape Act 8 of 2000, from where the first count of rape against Shaanika had stemmed in the previous case.
Hubbard added that the immoral practice act “also covers even just trying to get a child to commit any of these acts”.
She said that alternative charges for different crimes are often included in cases where there is not enough evidence to convict on the most serious charge.
Another reason for adding the alternative charges could be linked to the age gaps of children and perpetrators, but Hubbard warned that without all the information before her on the case she could only speculate about the decision to add, and convict, on the alternative charges.
Under the Combating of Rape Act 8 of 2000 the prescribed minimum sentence for a first offence, is either five, 10 or 15 years, depending on the circumstances of the rape.
For a repeat offender, the minimum sentence is 10, 20 or 45 years depending on the circumstances of the rape.
JANA-MARI SMITH
Elias Shaanika remains behind bars after his case was postponed this week to 15 November for legal aid last week.
The police said he was arrested for raping his 15-year-old stepdaughter on 20 September, while her mother was away from the home they all share.
The police report stated that Shaanika was arrested at about 21:30 after he allegedly woke his stepdaughter and forced her to have sex with him.
This is the second time Shaanika has been arrested in connection with rape charges of his stepdaughter.
The police stated that “the suspect is the stepfather of the victim and it is reportedly the second time that the suspect raped the same victim. In the first offence, the suspect was convicted where he paid a fine of N$10 000”.
However, upon enquiry by Namibian Sun, court documents at Omaruru indicated that Shaanika was found not guilty and acquitted on a count of rape, under the Combating of Rape Act 8 of 2000, in November 2016.
Shaanika's N$10 000 fine stemmed from two alternative charges he faced under the Combating of Immoral Practice Act 21 of 1980, which made provision for a fine and or imprisonment, depending on the circumstances of the case and the evidence before the court.
Omaruru court documents show that he was arrested in 2015 and charged with a count of rape under the Combating of Rape Act 8 of 2000 and two alternative counts under the provision of the combatting of immoral practices act, 21 of 1980.
In November 2016, he was found not guilty and acquitted on the count of rape.
However, he was found guilty under one or both of the alternative counts, and was instructed to pay N$10 000, of which N$5 000 was suspended for a number of years.
The court documents stated that the first alternative to the count of rape was for the unlawful intercourse with a girl under the age of 16 and the second alternative was the committing of an immoral act with a girl under 16.
Alternatively, if he could or would not pay the fine, Shaanika would face eight years of imprisonment of which four years were suspended, on the alternative charges.
This sentence is in line with the provisions of the Combating of Immoral Practice Act 21 of 1980, which stipulate that any person who commits or attempts to commit a sexual act with a child under 16 years or an indecent or immoral act with such a child, or solicits such a child to the commission of a sexual or indecent or immoral act could be convicted to a fine not exceeding N$40 000 or to imprisonment not exceeding 10 years or both.
Legal Assistance Centre lawyer Dianne Hubbard explained that she could not go into a detailed account or explanation of the case, unless all relevant details that were placed before the court during the trial, including testimony and evidence, were before her.
She did explain that the fine imposed on Shaanika last year was in line with the provisions of the Combating of Immoral Practice Act 21 of 1980 “which does provide for fines as a competent punishment”.
Hubbard explained that this act covers indecent or immoral acts “which are a broader range of physical acts than the sexual acts” which are covered under the Combating of Rape Act 8 of 2000, from where the first count of rape against Shaanika had stemmed in the previous case.
Hubbard added that the immoral practice act “also covers even just trying to get a child to commit any of these acts”.
She said that alternative charges for different crimes are often included in cases where there is not enough evidence to convict on the most serious charge.
Another reason for adding the alternative charges could be linked to the age gaps of children and perpetrators, but Hubbard warned that without all the information before her on the case she could only speculate about the decision to add, and convict, on the alternative charges.
Under the Combating of Rape Act 8 of 2000 the prescribed minimum sentence for a first offence, is either five, 10 or 15 years, depending on the circumstances of the rape.
For a repeat offender, the minimum sentence is 10, 20 or 45 years depending on the circumstances of the rape.
JANA-MARI SMITH
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