Supreme Court Reinstates 18-Year Jail Term for Mother in Child Abuse Case

The Supreme Court has overturned a High Court ruling and reinstated an 18-year and six-month prison sentence handed down to a mother who facilitated and encouraged the sexual abuse of her own daughter.

Following the top court's decision, the woman, who had been released in 2018 following the High Court's ruling, must now return to custody to serve the remainder of her sentence.

The case dates back to 2014, when the mother repeatedly arranged and encouraged a person to sexually abuse her young daughter over multiple occasions. In 2016, the HDh. Kulhudhuffushi Magistrate Court convicted her on two counts: facilitating sexual acts involving a child while in a position of trust, and failing to report known sexual abuse of a minor to relevant authorities.

The High Court overturned that conviction in 2018, citing a lack of documentation confirming that she received court records, which it ruled violated her right to a proper defense, while also noting the absence of a separate police investigation into the failure-to-report charge.

Overturning that finding, the Supreme Court ruled that the High Court's decision was erroneous. The apex court noted that the proceedings predated the Criminal Procedure Act, and despite the lack of a formal record of receipt, the defendant had never raised concerns regarding missing documents during her trial. The court also observed that she had been afforded the opportunity to retain legal counsel and had cross-examined witnesses regarding the state's medical evidence, demonstrating that she had access to the necessary materials.

Regarding the failure-to-report charge, the Supreme Court determined that police had indeed questioned her about the matter, noting that she had admitted in her police statement to knowing about the abuse and keeping it concealed, confirming that the charge was appropriately filed.

The judgment was authored by presiding Justice Ali Rasheed Hussain, with unanimous concurrence from Justice Aisha Shujune Muhammad and Justice Mohamed Saleem. The court ordered that the High Court judgment be quashed and the original sentence of 18 years and six months imposed by the lower court be enforced.