Man sentenced to 12 years rigorous imprisonment for grave sexual abuse of three-year-old

The Homagama High Court, presided over by Justice Nawarathna Marasinghe, today (3) sentenced a man convicted of the grave sexual abuse of a three-year-old girl under the guise of riding a bicycle. The court imposed a 12-year sentence of rigorous imprisonment.

The accused was convicted under Section 365(A)(2)(b) of the Penal Code for the severe offence.

In addition to the prison sentence, Justice Marasinghe ordered the convict to, pay a fine of Rs. 25,000, or face an additional six months in prison or pay Rs. 300,000 in compensation to the victim, or face a further one year of simple imprisonment.

The State Counsel urged the court to impose the maximum penalty, arguing that the act committed by the accused, who was the victim's aunt's husband (a family member), could not be treated as a minor offence.

The State Counsel stated:

"The most important fact to consider in this case is that this accused is a member of the girl's own family. In our country's society, the family unit holds a very important place. The family members entrusted the girl to the accused for a limited task, such as riding a bicycle, based on the trust that he would not harm her. The accused took undue advantage of this situation and gravely sexually abused the child, severely betraying that trust."

The counsel warned that if such incidents continue, the foundation of trust within families would be seriously eroded, and pleaded with the court to impose the maximum sentence possible.

The defence lawyer requested a lenient sentence, noting that his client, a 46-year-old man, had no prior criminal record.

However, after considering all submissions, the judge emphasised the gravity of the offence, which involved a man of 46 years abusing a three-year-old child.

Justice Marasinghe stated that the court's role is to ensure justice for both the accused and the victim. He warned that a lenient sentence in such a severe child abuse case, especially one involving a child as young as three, would lead to severe public criticism of the court.

"Considering these factors, I order this accused to be sentenced to twelve years of rigorous imprisonment," the judge concluded, stressing that the court must not misuse its discretionary powers to grant alternatives to mandatory imprisonment in cases of grave child abuse.