Rapist’s jail term increased on appeal

A convicted rapist who appealed his 17-year prison sentence had the sentence increased by three years in the High Court. Verikouje Kapuire’s rape sentence was running consecutively with a one-year sentence on an assault charge. The 35-year-old Okahandja man was found guilty of raping and assaulting an 81-year-old woman in 2008. Judges Nate Ndauendapo and Christie Liebenberg found that the Windhoek Regional Court’s sentence on the assault charge was too lenient. The judges also ruled that the appeal was only filed after one year and nine months, instead of the stipulated 14 days after judgement. “She [the victim] was repeatedly assaulted all over her body. Her plea for mercy fell on deaf ears. She was 81 years old and frail. He [Kapuire] was sentenced to one year’s imprisonment to run concurrently with the sentence of 17 years on rape. In my view, that sentence is totally out of proportion to the gravity of the offence,” said Ndauendapo. According to court documents, the rape took place at Okahandja on May 18, 2008, when the victim invited Kapuire into her yard to help her kill a snake. After an unsuccessful search for the snake, the victim entered her house and brought out a packet of meat to give Kapuire as a token of appreciation. When she presented the meat to Kapuire, he took it and then hit her with the packet of meat. Kapuire ordered the victim to go to her bedroom, where he raped her. During the ordeal, the victim was pleading with him to leave her alone. After the rape, Kapuire demanded money from the victim, which she said she didn’t have. Kapuire, aged 29 years at the time, then demanded the victim’s bank cards and Personal Identification Number (PIN). He then tied the victim’s legs with an electrical cord and her arms with pantyhose, and continued assaulting her with an umbrella. Kapuire also threatened the victim with a knife before he went to the bank. In 2009, during his trial, Kapuire told the regional court that he had consensual intercourse with the victim and that she had offered to pay him N$50, however these claims were found improbable. During the appeal hearing, Kapuire’s defence counsel argued that the one-year sentence on the assault count was appropriate, considering the fact that Kapuire was given a 17-year sentence on the rape charge. However, State Advocate Shakwa Nyambe argued that the injuries the victim sustained were vicious, merciless and brutal. “Gender-based violence has reached alarming proportions in our society. The sentence imposed did not send a strong enough message that the courts will severely punish those who commit violent crimes against women. “The sentence imposed is therefore disturbingly lenient and this court will not allow it to stand,” said Judge Ndauendapo. WINDHOEK FAITH SANKWASA