A MALE school teacher has been sentenced to 12 years in prison for sexually abusing student boys aged 15 and 16.
The incident happened while they were under his guardianship in 2022 at a High School in Vona Vona Lagoon, Western Province.
The 40 year-old defendant who cannot be named to protect the identity of the boys, was sentenced after pleading guilty to two count of Persistent Sexual Abuse of Child.
The court heard the defendant told his two victims that he would massage their private parts with massage oils so that they were enlarged and strong.
However, on the final massage day, he turned around and sexually abused the victims’ private body parts.
In his sentencing remarks, High Court Judge Justice John Keniapisia stated, “The gravity of the two offences is reflected in the maximum penalty prescribed by Parliament (life imprisonment).”
He added that the Parliament introduced new sexual offences and increased the penalty in the 2016 Act.
“Parliament was remedying a serious and prevalent crime.
“Parliament’s intent was to protect young girls and boys from sexual abuse by men, who normally are in a position of trust to their child victims, as in this case.”
The judge further stated that the Court will be seen to be helping Parliament achieve that same intent by imposing stern sentence terms to deter the offender and like-minded people out in the community from sexual abusing vulnerable child victims.
Before imposing sentence, Justice Keniapisia considered the age disparity, position of trust, psychological harm and trauma, repetitive offending, offences committed in the comfort of the home and pre-planning.
“As an older person (guardian and teacher) there is an expectation for the defendant to be responsible and accountable in protecting the boys from this kind of offending,” Justice Keniapisia said.
He added, “The defendant is the custodian or guardian of ZT and RD and this is a matter of serious aggravation in custom.
“In custom and in the village, communal bonding is very much alive and intact.
“There is a clear and higher expectation of trust that an adult guardian and teacher ought to take care of his male relatives or students from sexual abuse and immorality,” he said.
Justice Keniapisia emphasized that the defendant’s action were a clear breach of trust, as he exploited his position of authority, when he turned on his students or relatives to satisfy his sexual gratification.
The Court, he noted, must take judicial notice of the long-term impacts and trauma endured by the victim, even in the absence of medical and professional evidence.
Citing a previous case, Bonuga (Liufirara, Court of Appeal, 2022), Justice Keniapisia highlighted the well documented psychological harm that victims of rape and sexual offences often experience.
He also stresses that the repeated offence against the same victim, as seen in this case, constitutes a significant aggravating factors that warrants a harsher sentence.
Justice Keniapisia said the defendant’s home, being the guardian and teacher of the two victims should be a safe haven, where the two student victims are expected to be raised and taught in upright and morally acceptable behaviours.
“Instead the defendant turned that home into a crime scene for the two student victims.”
He said without doubt the commission of these two offences involved a lot of pre-planning and tricks.
“This is a trick or deceptive tactic, using massage oil,” he said.
Justice Keniapisia said the defendant took advantage of the two young student boys’ vulnerability (being innocent, weak and vulnerable) and also took advantage of the two victims during their parent’s absence, whilst the two victims were residing with him.
He also took into account the defendant’s early guilty plea; he is a first time offender and his personal circumstances.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
