[File Photo]
A 34-year-old man has been sentenced to eight years in prison for raping his wife at their home in Labasa.
The High Court has set a six-year non-parole period, meaning he must serve at least six years before becoming eligible for parole consideration.
He was convicted of marital rape following a trial. The sentence was handed down by High Court judge Justice Daniel Goundar.
The court heard that the offence occurred in the early hours of May 27, after he and his wife returned home from taking their sick seven-year-old son to hospital.
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The court found that Satyawan asked his wife for sexual intercourse several times, but she refused, saying she was tired and needed to attend to their child.
In sentencing, Justice Goundar said marriage did not give a husband the right to sexual intercourse without consent.
He said the offending involved physical force, repeated refusals and an assertion of control over the victim.
The judge identified the breach of trust within the marriage and the use of force as aggravating factors.
The man had no previous convictions and was employed as a truck driver. The court considered his employment history, family responsibilities, rehabilitation prospects and time spent on remand as mitigating factors.
The judge set a starting point of seven years, increased it by three years for aggravating circumstances, then reduced the term by two years for mitigation.
He was sentenced to eight years’ imprisonment, with a non-parole period of six years.
The court also issued a permanent Domestic Violence Restraining Order to protect his wife.