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Judge Rules For Man To Serve Rape Sentence

Judge Rules For Man To Serve Rape Sentence
March 14
10:00 2018


The Fiji Court of Appeal dismissed a rape appeal against conviction due to lack of merit.

The Appeal Court decision was handed down on March 8.

The 23-year-old appellant had been charged for rape, burglary and theft. He was alleged to have committed the offences in 2011.

He was unanimously found not guilty by the assessors for rape but convicted for burglary and theft.

The learned High Court judge overturned the assessors’ opinion of not guilty for rape and convicted him accordingly and sentenced him to eight years imprisonment with a non-parole period of five years.

On the day of the alleged incident the 40-year-old victim, who is a single mother with three children, was sleeping in her bedroom when she was awakened at around 4am after her bedroom door was forcefully opened.

The victim did not think much of it because she thought it was her brother but she was surprised when she found the appellant lying on her back when she tried to turn.

The appeal judgment said the appellant pulled up the woman’s night dress and penetrated her rear.

She tried to face upwards but the appellant pushed her head down on the pillow to block her mouth.

The victim recognised the appellant when she finally managed to turn upwards at which moment he punched her thighs.

She said the appellant had been smelling of alcohol and appeared drunk to her.

He bit her chest, lifted both her legs and forcefully penetrated her rear.

The court heard that the victim was in pain and had been crying and the sex act went on for about two to three minutes without her consent.

In his evidence the medical doctor said he found lacerations on top of the woman’s rear private part which he said would have been caused by a large object.

However, he saw that there were no marks on the woman’s body adding that most of the injuries would have healed by the time he had examined her three days after the alleged incident.

In his evidence, the appellant said that he had sex with the victim on previous occasions in her house at her invitation.

The Appeal’s Court dismissed the appeal and affirmed the appellant’s conviction.

Edited by George Kulamaiwasa


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