Court finds uncle guilty of raping 6-year-old niece

ARakiraki man was found guilty of one count of rape by the High Court in Lautoka on Monday.

On June 2, 2014 the accused allegedly raped his six-year-old niece by using his finger.

The accused did not attend court to defend his charge and the trial was conducted in absentia.

At the end of trial the assessors delivered a unanimous guilty opinion, which was accepted by Justice Aruna Aluthge.

In his judgment, Justice Aluthge said at the time of the offence the complainant did not have the necessary mental capacity to consent to the sexual act. In her evidence, the complainant said she was returning from the river when her uncle made her lay down on the grass, covered her mouth and put his finger inside her private part. She said it was painful and she cried because she was scared.

When her siblings asked her what happened she did not tell them anything. However, she ran to her mother and told her about the incident. Her mother confirmed in court that her daughter had approached her after her bath and she was standing at the doorstep and crying.

Justice Aluthge said the complainant was neither matured enough nor had an apparent motive to make up such a serious allegation against her uncle. He said he observed the complainant’s demeanour and found that she was confident and not evasive, adding that she was an honest and credible witness. Justice Aluthge convicted the accused accordingly and will deliver his sentence at a later date.