AN elderly Tolai man, who sexually abused his step-daughter on three occasions, has been jailed for 23 years.
In sentencing, National Court judge Justice Salatiel Lenaliel said persistent sexual abuse against one’s will amounted to statutory aggravation under section 229d of the Sexual Offences and Crimes against Children Act.
Justice Lenaliel took this into account on Tuesday when sentencing 41-year-old Kinkin Darius, of Taranata village, Watom island, East New Britain, to 23 years in prison for sexually penetrating his step-daughter.
The judge took into account the circumstances of this case which involved persistent sexual abuse and there were three times the prisoner approached the victim and sexually penetrated his step-daughter against her will in January 2006.
Other circumstances of aggravation were that the victim was 14 years old at the time of the offence.
The court noted the big age difference and the fact that after each act of sex, the victim was threatened not to report to her mother.
Justice Lenalial concluded that the offences were committed with circumstances of aggravation and breach of trust contrary to section 229a (1) (3) of the Criminal Code (Sexual Offences and Crimes against Children) Act 2002.
He said National Courts judges had considered and imposed varying sentences on offenders who had offended against the Act.
The offence under the section came into force in 2002, following growing concern about the increase in sexual abuse of children.
Justice Lenalia said if one looked at the scheme of the Act, it was designed to protect young children from sexual abuse.