A 51-year-old local man was sentenced to 25 years and 6 months' imprisonment by the High Court of Brunei Darussalam for having committed the offence of rape against his own granddaughter, aged 6 years old.
The Defendant, married with 10 children, is the head of family and also the maternal grandfather of the Victim. At the time of the commission of the offence, the Defendant and the victim were living together, with other members of the family. The Defendant had committed the heinous act on the victim in one of the bedrooms of the said house. The sexual abuse came to light sometime in January 2023, when the victim's mother noticed that her daughter was acting strangely. Upon asked by her mother about her change in behaviour, the victim then confided in her mother and revealed the Defendant's atrocious sexual act on her. The victim's mother lodged a police report, leading to a thorough investigation by the Women and Children Abuse Investigations Unit of the Criminal Investigations Department, Royal Brunei Police Force.
Investigations uncovered incriminating evidence from the victim and other witnesses, as well as a gynaecological report of the victim. The Defendant was charged in the High Court and had pleaded not guilty to a charge of rape under Penal Code, Chapter 22 and went for trial. Deputy Public Prosecutor called 8 witnesses, including the victim. Given the victim's very young age and limitations, her evidence at trial was elicited through her oral evidence and a video recording of her interview taken during police investigations. The Defendant was duly convicted upon completion of the trial.
The Prosecution emphasised the Defendant's gross breach of trust as a grandfather to the victim, highlighting how he exploited her vulnerability due to her tender age. Moreover, the incident occurred in their family home, a place where the victim should have been protected and felt safe. As the Defendant is above 50 years old, under section 258 of the Criminal Procedure Code, Chapter 7, he is exempted from whipping. As such, the High Court imposed 6 months' imprisonment in lieu of whipping. In delivering the sentence of 25 years 6 months' imprisonment, the Honourable Judicial Commissioner remarked that the severe punishment is to serve as deterrence to the Defendant and others on the seriousness of incestuous rape.