Supreme Court upholds State appeal

A man who was sentenced to seven years' imprisonment for indecent assault is heading back to the High Court for a new sentence after the Supreme Court found him guilty of attempted rape instead. In May 2015, Stephanus Hendrik Ruba Gariseb was acquitted on two charges of raping a nine-year-old girl at Mondesa, Swakopmund. He was convicted on a lesser charge of indecent assault by High Court Judge Naomi Shivute. The State appealed against the verdict, arguing there had been sufficient evidence warranting a rape conviction. Gariseb, who was 42 years old at the time, was caught red-handed by the victim's guardian on 1 April 2011. The girl claimed the sexual abuse had been going on for some time. Supreme Court judges Sylvester Mainga, Dave Smuts and Fred Chomba concluded that the conviction for indecent assault was not a competent verdict, but agreed with Judge Shivute that rape had not been proven. They set aside the verdict of indecent assault and ordered the High Court to sentence Gariseb for attempted rape. During the trial, the girl testified that Gariseb had taken her to school, where he informed a teacher that the girl was ill. Permission was given to take her back home. At home, he instructed her to lie down on the bed and sexually assaulted her. A doctor who had examined the girl on the same day testified that her hymen was intact, indicating that no vaginal penetration had taken place. In her verdict, Judge Shivute said the legal definition of a sexual act under Namibian law was the crux of the matter. She concluded that Gariseb had committed indecent assault, and not rape. The State argued in its appeal that the Combating of Rape Act does not make provision for the offence of indecent assault. The appeal succeeded on this ground. The State also argued that the Riotous Assemblies Act of 1956, which provides for a verdict of attempted rape, was relevant to the case.JANA-MARI SMITH

Supreme Court upholds State appeal

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Namibian Sun 2026-04-03

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Supreme Court upholds State appeal

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Namibian Sun 2026-04-03

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