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Sentence Hearing For Rape Accused Today

Sentence Hearing For Rape Accused Today
May 29
11:12 2018

A 73-year-old Tailevu man will have his sentence hearing today at the High Court in Suva after he was convicted of rape by Justice Riyaz Hamza.

The accused was charged with raping his 13-year-old granddaughter in August and October of 2015. He is charged with two counts of rape and was 70-years-old at the time while his granddaughter was in Year Eight.

During his closing address, Director of Public Prosecutions lawyer Taitusi Tuenuku said the notion that rape victims must shout, scream for help and fight back is not true.

He said different victims react differently to what is done to them, especially minors.

Mr Tuenuku said the accused’s granddaughter had testified that she was embarrassed because the accused was her own grandfather from her father’s side.

She said the accused showed her $5 while she was walking past his house, but she did not pay him any attention. Then he followed her to the pig pen where he again showed her the money before raping her.

The complainant said she was scared to tell her parents because people would find out and if the accused found out she feared for her life.

Mr Tuenuku told the assessors that based on the complainant’s detailed recollection of what happened to her, it indicated that she was telling the truth.

He said the complainant had testified that while her grandfather was raping her she told him to stop, but he ignored her and continued to rape her. He then threatened to chop her using a cane knife if she ever told anyone about what happened.

Legal Aid Commission lawyer Swarvana Prakash said just as there are two sides to a coin, there was also two sides to every story.

She said the complainant’s story was full of doubts and she should not be believed.

Ms Prakash said when a person is raped they are expected to cry out for help.

However in the present case the complainant did not cry for help because the offences did not happen. She said the complainant had multiple opportunities to escape, but she did not. Ms Prakash said the complainant’s reasoning were questionable.

She also highlighted the evidence of the doctor who examined the complainant. The doctor told the court that the girl’s hymen was not intact.

Ms Prakash said it was likely that her hymen was broken before the alleged incident happened. She added that no injuries were noted because the incidents never happened

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