Man (20) convicted of rape [1]
Thursday, November 22, 2018 - 16:58
A 20-year-old man who was convicted of raping a woman last year in Tongatapu will be sentenced on November 26, at the Supreme Court in Nuku'alofa.
Lord Chief Justice O.G. Paulsen in his verdict on October 29 was satifisfied that the prisoner intentionally had sexual intercourse with the victim knowing that she was in a state of insensibility and that the elements of the offence with which he is charged have all been proven beyond any reasonable doubt.
"I find the accused guilty of the charge of rape and he is convicted accordingly."
Prior to the start of the trial, Chief Justice dealt with a challenge by the accused to the admission into evidence of statements that he had made to the Police following his arrest.
“I heard evidence and submissions in relation to that application on October 8-9 and made my ruling on October 10 excluding the evidence. I need say no more about that except to note that in arriving at my verdict no regard has been had to the accused's statements or the evidence heard in relation to them,” he said.
The accused was detained in custody for sentencing.
The Chief Justice also made an order prohibiting the publication of any details, which might identify the alleged victim.
In Tonga, a rape conviction carries an imprisonment term not exceeding 15-years.