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Counselling Ordered As Boy, 11, Pleads Guilty To Rape

High Court judge Justice Chamath Morais has ordered an 11-year-old boy to undergo counselling after he pleaded guilty to one count of rape. It is alleged that on January 31,
05 Sep 2018 10:00
Counselling Ordered As Boy, 11, Pleads Guilty To Rape

High Court judge Justice Chamath Morais has ordered an 11-year-old boy to undergo counselling after he pleaded guilty to one count of rape.

It is alleged that on January 31, 2018 the juvenile was having a rain bath with the five-year-old complainant and three other friends beside a church in their village.

After a while they went to the church porch where he allegedly told the complainant to perform oral sex on him.

He then took off his pants and performed the alleged sex act on the child in front of three other friends, after which all they all went home.

The matter was reported to Police after one of the boys relayed the alleged incident to his head teacher.

During sentencing Justice Morais said the Juvenile Act restricted the court to a maximum term of two years imprisonment for a juvenile offender.

Therefore the court had to consider the seriousness of the offences of a sexual nature and the purpose of the legislature not to have juveniles imprisoned for more than two years.

The aggravating factors were the disparity in age, breach of trust and the fact that the juvenile took advantage of the victim’s vulnerability.

In mitigation the lawyer from the Legal Aid Commission representing the accused, Mele Ratidara, submitted that the juvenile was truly remorseful and sought forgiveness from the court.

The court heard that he had co-operated with the Police, and is a first-time offender.

After considering all the circumstances of the case, Justice Morais sentenced the juvenile to seven months imprisonment suspended for two years.

Furthermore, he ordered that the juvenile be placed on probation for two years, to live and study where the probation officer directs, to meet his probation officer regularly at times dictated by the officer and ordered that any breach of conditions imposed by the officer be reported to the High Court.

State lawyer Lavenia Bogitini appeared for the prosecution.


Edited by Naisa koroi




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