Youth gets four-years jail for attempted rape of volunteer [1]
Wednesday, June 1, 2016 - 19:09
Lopeti Talafekau Soafa (18) was sentenced to four-years imprisonment for attempted rape of a 23-year-old volunteer from Japan in October last year, at Tofoa.
Hon. Mr Justice Cato in sentencing the prisoner on 23 May said on October 16, 2015 at 7:30pm, the complainant was at her rented home when the prisoner knocked on her door intoxicated and asked to use her phone to call his mother and was told to leave because she was afraid.
He then attacked the complainant and forced her to the floor and punched her face, pulled her hair and attempted to rape her. She screamed and called for help and people who were passing by heard her cries for help and knocked on the door. They saw the prisoner escape through the bedroom window leaving some of his clothing and a mobile phone behind.
He admitted to the offending when arrested by the police.
The judge said the prisoner claimed to be remorseful and made an apology to the complainant through the internet and to Japanese officials in Tonga who saw him. She has not accepted this apology and was concerned to have email contact in Japan.
He lifted the starting point of the sentence to six-years after taking into account aggravating factors that his actions were premeditated and purposeful for attacking the victim and punching her in her own home.
"Protection of women from this kind of predatory behaviour and in their own homes, deterrence to the accused and others and denunciation of such offending are considerations which must be considered in fixing an appropriate overall starting point for the sentence." said the judge.
He added that this must have a truly terrifying and humiliating experience for a young woman who had come to Tonga on voluntary service and who was returned to Japan by Japanese authorities after the incident.
"I have read the victim impact report and it confirmed she was the victim of not only of attempted rape but physical violence, that it has caused her to suffer adversely psychologically from the experience and plainly ruined her Tongan experience and her desire to serve in Tonga. She does not accept the prisoner’s apology for what she described in my view appropriately as this horrible crime," he said.
Mitigation
However, the judge allowed two-years by way of mitigation because the prisoner had pleaded guilty at an early opportunity and saved the complainant having to give evidence, a first offender aged only 18 and had apologized, albeit that the apology has not been accepted and has shown remorse.
"The sentence I impose on him for attempted rape is four-years imprisonment backdated to when he was remanded in custody."
He also said the prisoner showed good prospect for rehabilitation, suspended the final 12-months of the 4-year sentence on conditions.
The prisoner who also pleaded guilty to two other counts was sentenced to 18-months for serious indecent assault and two-years for serious housebreaking to be served concurrently with the first count of attempted rape.
“The court acknowledges the importance of young people and volunteers from many nations including Japan for the development of many facets of Tongan life and expresses view that it is to be hoped that the complainant will in time be able to put to one side these events, and recall with fondness others aspects of her life and experience in Tonga," the judge said.