Suspended sentence for father

The National Main Stories

A COURT has allowed a father who sexually penetrated his teenaged daughter a suspended sentence because he is the breadwinner of the family.
Justice Ellenas Batari of the National Court in Kimbe last month handed the father a six-year jail term with hard labour but had to suspend the sentence because the family would suffer if he was sent to prison.
Five months spent in custody was to have been deducted from the sentence. The father, 45, whose name has been suppressed to protect the identity of the daughter, from West New Britain, was found guilty of sexually penetrating his 13-year-old daughter.
Justice Batari ordered that the sentence be suspended and the man be released and placed on probation for five years after noting that the family’s welfare would be affected due to him being the sole breadwinner and that his wife had a poor health condition.
“I’m satisfied, imprisonment is not always the answer if the alternative to imprisonment is a viable proposition,” Justice Batari said.
“I’m satisfied that suspension would promote the rehabilitation of the offender and the payment of customary compensation.
“There is a further consideration on the effect of imprisonment where the prisoner is the sole breadwinner and the family welfare will likely be affected because of ill health of the offender’s wife.”
The court was told that on March 10, 2018, in Kimbe, the man accompanied by his two daughters, went to a store to buy rice.
On returning to the family home, he told his younger daughter to walk ahead of him and his 13-year-old daughter and it was getting dark.
Along the way, he sexually violated his daughter by pushing his finger into her vagina. The matter was reported to police.

15 comments

  • What happens to the daughter? Where does she stay? There is a possibility of the father violating her again if she still stays with the family. Remember the mother is ill so the man could be put in a tempting situation for his sexual satisfaction. Praying that this does not happen

  • This father is worse than animals. Throw him into jail to rot. What guarantee is there that he will not offend again? The excuse that he is the soul breadwinner is not good at all.

  • After all we hear of protecting PNG’s young females the judge lets this rapist return to family home where his young daughter will be daily ashamed as all her school friends and neighbours know who he is. She’ll be scared of him.
    Disgusting decision

  • These judges are indirectly promoting rape, a criminal offence through soft and lenient sentencing like this. This kind of sentencing will continue to promote rape and other criminal activities. Other rapists and criminal offenders will use this case as reference to seek lenient sentences.

    All criminal offences should carry the maximum penalties of imprisonment for life or be hanged. This will deter people to avoid committing criminal offences.

  • Again women are treated as second class citizens, the daughter (the victim) has to see her attacker every day. The extended family can take care of them while the father goes to prison for his crime. The judge definately got this wrong, it is disgusting.

  • The guy will go back into his daughter again. Who will the community blame this time? The judge!

  • Justice Ellenas Batari,This is so serious incident, why let him go un punish?Judge to be terminated from his job.Chief judge and justice Mininster to look in to this matter.Really disagree with the decision made.Tell us which section of the law you base and set him free?

  • Thanks to the judiciary for opening the door to more child abuses as this would be a precedent for would be perpetrators. They will use the mitigating factor of “bread winner” to escape punishment once caught abusing biological children. Very bad precedent,

  • PNG, do we have a very weak and lenient legal system or are our judges too lenient and compassionate for criminals such murderers and rapist. The minimum sentence should be life imprisonment or otherwise criminals should be executed,….FULL STOP.
    Very lenient sentences like this only promotes murder, rape and other criminal activities.

  • Where is the justice for the traumatized girl? This is giving most men permission to abuse their daughters sexually when ever they want which is sad though?

  • What kind of justice is this? Justice Batari is now saying that any father out there can sexually penetrate their daughters and and wont be jailed as long as they are a sole bread winner.
    What about the life time trauma the daughter would endure? This is total injustice. This nation has gone to the dogs. Only in PNG.

  • Is this ruling in the name of fighting the violence of women and girls in the country?

  • Justice Batari should be investigated. Either he is bribed or threatened. It us disgusting to hear him say, “I am satisfied “. Satisfied for what?

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