Republic v Riaben [2003] KIHC 127; Criminal Case 38 of 2003 (27 October 2003)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

Criminal Case No. 38 of 2003

THE REPUBLIC

vs

ARAWATAU RIABEN

For the Republic: Mr David Lambourne, Solicitor General
For the Accused: Ms Jacqueline Huston, People's Lawyer

Date of Hearing: 27 October 2003

SENTENCE

Arawatau Riaben: you have been convicted of rape.

The victim was an 18 year old young woman upon whom, the Solicitor General told me, what you did has had a terrible effect. Apart from the mental effects, the victim suffered a tear in the genital area 4-5 cm long, the gynaecologist Dr Xie said. Dr Xie had to insert many, many stitches under general anaesthetic in an operation which took two hours: the victim stayed a day in hospital. You must have used a lot of force in the act of intercourse. I accept what Ms Huston put, that you used no other force, beyond the rape, against the girl. Yet you behaved very badly indeed. You have shewn no remorse for what you did.

You are a man in your 50's although you could not tell the Court exactly how old you are. You have a record of offending going back to 1969. Only one previous conviction is really serious, one which I take into account. In 1990 you were convicted of causing grievous harm with intent to do grievous harm and were sentenced to nine years in gaol. I am told the crime had nothing to do with sex but was a violent one.

Mr Lambourne suggested that the time has come to increase sentences for rape. Perhaps, but each case must be considered by itself.

I regard what you have done as most serious – a forceful attempt on a young woman of 18 by a man in later middle age, leaving a serious effect on the woman.

You will be imprisoned for five years to run from 20 October when you went into custody.

Dated the 27^th October 2003

THE HON ROBIN MILLHOUSE QC
Chief Justice