Juvenile receives community-based sentence for sexual offence

A community-based corrections order has been issued by the High Court in Labasa to a juvenile who raped another juvenile.

The 13-year-old student raped and sexually assaulted his five-year-old neighbour last year.

While sentencing the accused, Justice Lee James Burney said the sexual abuse of children by other children was becoming increasingly prevalent and the case highlighted uncertainty within Fiji’s child justice system.

The court heard that on April 5 last year, the accused and the victim were playing in their neighbourhood.

He then told the victim they should go and play at a vacant house, where the offence was committed.

The matter came to light when the victim’s father was teaching her about appropriate behaviour. The accused was later arrested.

Sentencing

Department of Children welfare officer Asesela Tawake, from the Ministry of Women, Children and Social Protection, prepared a social background report on the accused, which was read in court by Justice Burney.

In the report, Mr Tawake stated that when the accused was in Year Six, he was introduced to pornographic videos by a school friend and continued accessing such content on mobile phones.

Mr Tawake said the accused’s exposure to inappropriate material appeared to have influenced his understanding of relationships and sexual behaviour, prompting behaviour that was inappropriate for his age.

He recommended a period of supervision under a community-based corrections programme to support the accused’s personal development, strengthen his understanding of responsible behaviour and reduce the likelihood of reoffending.

Justice Burney said the primary objective of any court order involving a child was not punishment.

Rather, he said the objective was to help the child correct their behaviour and become a productive, law-abiding member of society.

The court heard the accused aspired to become a lawyer.

While sentencing, Justice Burney reminded the accused to devote himself to his studies, stay out of trouble and become a law-abiding citizen.

The accused was placed under the supervision of Mr Tawake for 12 months under a community-based corrections order.

Justice Burney also ordered the community-based corrections officer to submit a progress report after six months.