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Assessors: Man Guilty Of Assault, Not Guilty Of Raping Wife

Assessors: Man Guilty Of Assault, Not Guilty Of Raping Wife
August 11
10:00 2018


The three assessors in a rape trial yesterday found the 47-year-old accused not guilty of rape, but guilty of assault causing actual bodily harm.

The accused was alleged to have raped and assaulted his 48-year-old de facto partner on the morning of September 23, 2017.

The alleged incident happened at his Nabua home.

While giving evidence at the High Court in Suva before Justice Thushara Rajasinghe the woman admitted she spoke to the accused over the phone after he was released on bail.

The accused is on bail and is represented by the Legal Aid Commission. Justice Rajasinghe will deliver his judgment on Monday morning.

The complainant said she had surrendered herself to be raped because she was frightened.

She recalled that on the day of the alleged incident she was residing with the accused in his one bedroom flat in Nabua.



After having breakfast she was sitting by the door using her mobile phone while the accused was asleep on the mattress.

Suddenly the accused grabbed her from behind and asked her to have sex with him.

During examination in chief, state prosecutor Swastika Sharma asked the woman as to what she told the accused in response to his demand.

The woman said she told him that she was not in the mood.

She testified that he then forcefully undressed her and performed lewd oral sexual acts without her consent.

She added that during the five minutes that they were having sex she did not feel anything.

The court heard that the woman kept telling the man that she was not in the mood to have sex with him which angered him and resulted in him punching her on the left side of her face.

She said when the accused saw that her face was swollen he got ice water to put on her face.

She then requested him to take her to the hospital, but he refused and told her to stay inside the house.

Edited by Percy Kean


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