A stepfather was found guilty by a Supreme Court judge, on numerous counts that included serious indecent assault of his two young step-daughters, and raping one of them. The girls' mother was found guilty of helping him commit several of these serious sexual offences, which took place last year in Tongatapu.

Hon. Mr Justice Cato in his verdict delivered on September 21, convicted the husband and wife after a two-weeks trial. He remanded them in custody for sentencing on November 16.

The judge has prohibited the publication of any details of this judgments, which might identify the victims and the two accused.

The stepfather was convicted on 14 counts including one of rape, six of serious indecent assaults, two indecent exposures and five of domestic violence.

Mother

The victims’ mother was convicted on one count of abetment to the rape, four of abetment of serious indecent assault, one count of common assault and another for domestic violence.

After hearing the evidence, the judge concluded that the victims were both reliable witnesses to what were very serious allegations that not only involved serious sexual misconduct by the male accused but also involved, unusually, knowing assistance in some instances by their mother.

"I had the opportunity of regarding them very closely when they were giving their evidence and I was impressed with their evidence, both giving testimony in very difficult circumstances."

He said crimes involving sexual offending on young people are taken very seriously by the courts and are of the utmost importance, as they are often difficult and sad cases to try.

Difficult case

The judge observed that cases of this kind should be tried by prosecutors who were experienced.

In this case, the prosecutor had limited experience, but despite her limitations made a good effort in prosecuting the case.

He was also concerned that a statement was taken from one of the complainants, when she was plainly considered to be in no good state of mind by a police constable, who herself is a probationary constable, with no previous experience of this kind of offending. 

"It is important to ensure young complainants are calm and settled enough to give a satisfactory account of their experience and the offending before they are interviewed by an experienced police officer, preferably one experienced in child sexual offending, and in the presence of some adult whom they trust."

"This requires experience, understanding and tolerance by an interviewing officer. Although, probably, Tonga resource prevents this, it should be noted that interviews of children in sexual cases today in New Zealand are conducted by specialist interviewers and videotaped," he said.

"At the very least, those conducting interviews should be experienced officers in this kind of offending and the children should be made to feel safe and secure before interviewing is attempted."