A single 20-year-old man who was convicted of raping a woman last year in Tongatapu was sentenced to four-years and six-months imprisonment at the Supreme Court in Nuku'alofa.

Lord Chief Justice O.G. Paulsen passed down his sentence on November 26, after finding the accused guilty on one count of rape in a verdict delivered in October.

The court heard, the accused did not call or give evidence during trial. The defence advanced that it had not been proven that he had sexual intercourse with the victim, which was rejected by the Chief Justice, who found the charge proven.

He said the starting point for the offence of rape after a defended hearing in Tonga has been said by the Court of Appeal to be five-years imprisonment

“However there is an aggravating feature in this case which is that the offender took advantage of the victim when she was highly vulnerable and unable to take any steps to protect herself.”

The Chief Justice was not prepared to discount the offender's sentence because he and his family suffered shame as a result of his offending as this was entirely of his own making. 

"I am not prepared to give any discount for his assertion of remorse or for cooperating with the authorities. I have no doubt that the offender regrets his predicament but I find it difficult to accept that he feels real contrition for what he did. Whilst the offender did initially cooperate with the Police, he then pleaded not guilty to the charge putting the victim through the trauma of the trial."

Furthermore, he now admits only to intending to rape the victim and not the more serious offence of which he is convicted, he said.

The result then is that the offender is sentenced to four-years and six-months imprisonment.

The Chief Justice said by way of mitigation, the offender is young, has no previous conviction for any serious or similar offending and has previously been of good character and support to his family.

He suspended the final 18-months of his sentence (under strict conditions) after accepting reasons, that he is young, had no previous connections and had good prospects of rehabilitating himself, among others.

An order had initially been issued prohibiting the publication of any details, which might identify the victim.

In Tonga, a rape conviction carries a maximum penalty of 15-years imprisonment.