Man, 22, acquitted of defiling schoolgirl, 15

A22-year-old man has been acquitted by the High Court in Labasa after the judge ruled that the accused had reasonable cause to believe the girl was above 16 years of age.

The man was found not guilty in the opinion of the assessors after a three-day trial for a charge of defilement. Justice Daniel Goundar said in his ruling that it was not in dispute that the accused had sex with the complainant on October 17, 2017.

The complainant’s birth certificate was tendered as evidence, which revealed that the girl was born on October 12, 2002, and was 15 years old when the incident happened at a boarding school in Bua.

The court was told that accused entered the school compound at midnight after a conversation with the complainant and had sex with her inside a vacant dormitory. The defence’s case was that the accused had a reasonable cause to believe and did in fact believe that the complainant was of or above the age of 16 when he had sex with her. In his evidence the accused said the complainant led him to have sex with her after she told him that she was 18 years old and a Year 11 student.

This was disputed by the complainant, who testified that during their conversation they did not talk about her age. The accused said he believed the complainant was 18 by observing her demeanour and conduct during their conversation before they had sex.

Justice Goundar said the complainant did not appear to be of a small physique and that the accused’s evidence was plausible.

He said it was probable that the accused had a reasonable cause to believe and did in fact believe that the girl was of or above 16 when he had sex with her on October 17, 2017.

“I feel unsure of the accused’s guilt and I acquit him of the charge,” Justice Goundar said.