Marriage is no defence to rape, High Court judge tells convicted rapist

A 35-year-old supermarket employee has been convicted of one count of rape by the High Court in Labasa.

The man appeared before Justice Daniel Goundar for judgment this week.

The court heard that on May 27 this year, he raped his 29-year-old wife at their home in Labasa.

The incident occurred after the couple returned from Labasa Hospital, where they had taken their seven-year-old son for medical attention.

The prosecution proved the charge beyond reasonable doubt, despite the man pleading not guilty.

Justice Goundar said the fact that the complainant and the accused were husband and wife was not a defence to the charge.

He explained that Section 207 of the Crimes Act applied to any person who raped another person, with no exemption for a spouse.

There was no presumption in law that a wife consented to sexual acts with her husband, the judge said.

He said consent must be freely and voluntarily given by a person with the necessary mental capacity on each occasion and could be withdrawn at any time.

The court heard that the couple had been married for 10 years.

Justice Goundar said marriage did not confer a right of access to a spouse’s body without consent.

The man was remanded in custody pending sentencing.