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Security Guard Breached Trust, Raped Girl, 16: Judge

  A  judge says a University of the South Pacific security guard breached the trust given to him by a 16-year-old girl by raping her. Justice Priyantha Fernando overturned the
29 Apr 2016 09:02
Security Guard Breached Trust, Raped Girl, 16: Judge

 

A  judge says a University of the South Pacific security guard breached the trust given to him by a 16-year-old girl by raping her.

Justice Priyantha Fernando overturned the three assessors’ not guilty verdict and convicted Josefa Tukana at the High Court in Suva.

He jailed Tukana for 12 years four months with a non-parole period of 10 years.

Court records show that on November 25, 2012, the 16-year-old complainant had gone to USP to visit her boyfriend, a Solomon Islander. She was in his room having sex when Tukana knocked at the door around 9pm.

Tukana told her to leave the room saying that the visiting hours were over.

He asked her to follow him to the gate. Then he told her that he would show her the short-cut from her boyfriend’s room.

Tukana took her to a vacant building and raped her despite her pleas that Tukana let her go back to her boyfriend’s room.

Justice Fernando said: “It is obvious that the accused took advantage of the vulnerability of the complainant at that point in time who was 16-years-old then.”

He added: “That is why he (Tukana) diverted to a different route telling the complainant that he would show a short-cut so that he could take the complainant to a more isolated place.

“The complainant did not complain to the Police the same night and on her way home next morning. She said she was worried about William (her boyfriend) as he would be in danger too. She did not complain to the security for the same reasons.

“In the circumstances, it is obvious that they were scared when they were also at fault when they entered the university and remained in the dormitory out of visiting hours.”

Since that offence Tukana has had four convictions which he admitted.

“I find that the evidence of the accused that the complainant offered sex, and that she forced him to have sex with her was far from the truth,” Justice Fernando said.

“I believe the complainant when she said it was without her consent.”

 Edited by Nemani Delaibatiki

Feedback: jyotip@fijisun.com.fj

 

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