Complainant says she looked to rape accused as a father

The complainant told the High Court in Lautoka yesterday that she looked to the rape accused as her father.

She said she did not know who her father was.

She was giving evidence during cross-examination at a rape trial before High Court Judge, Justice Rangajeeva Wimalasena.

It is alleged that the accused, 48, raped his niece in 2013, when she was a juvenile.

The accused is charged with two counts of rape, one alternative count to count one of sexual assault and one count of pornographic activity.

The State was represented by Lavenia Bogitini from the Office of the Director of Public Prosecutions (ODPP) and Legal Aid lawyer, Esiteri Radrole represented the accused.

During the trial yesterday, two pornographic videos, allegedly made by the accused and stored on a USB and later transferred onto a disc by Police, was played in Court to the accused’s ex-wife and Police. Members of the public and the media were told to leave the courtroom.

During examination by the State lawyer, the complainant said she was scared at the time of the alleged offence and did not inform anyone.

She also told the court that she did not have any medical proof as she was young at the time of the alleged offence. She said she needed to get her parent’s consent to get a medical report.

Under cross-examination the complainant denied she had gone into the room removed her clothes and lay down beside the accused and was awake the whole time.

She denied agreeing to sexual intercourse with the accused.

She also denied suggestions by the defence that she consented to the video being taken.

“I was not in my right state of mind,” she said.

Ms Radrole told her: “Whatever you are saying in Court contradicts each other.”

The complainant also denied that she did not scream or call for help from people passing by because she had consented.

The accused’s ex-wife gave evidence saying that they had been married for 18 years and had been separated for two years. Describing how she came in possession of the USB which contained the pornographic, she said she had gone to the house to pick up their washing machine.

She entered the house by removing louver blades and when she went into the room, found electronic devices on the bed including the USB which she took with her. She said she did not know what the USB contained at that time until the following week when she went to an internet shop to view what was in it.

“It had pictures of our children because I had to stand up for our kids.”

The accused, in his evidence, said the complainant came uninvited one day to his home.

“She stood and asked what I was doing in iTaukei. As I’m answering she’s walking towards me and lay on the bed,” said the accused. “We were both lying down, in the process of talking while lying down we were both getting closer to be intimate and eventually we kissed and the sexual activities took place. “She was calm, quiet, she was not in any distress.”

The accused said she had access to exits in his bedroom which she didn’t use.

The accused later said that the complainant knew the video-recording was happening.

The case continues today.

It is alleged that the accused, 48, raped her niece in 2013, when she was a juvenile.