Two male teenagers were sentenced to seven and eight-years imprisonment each for raping a woman who lived alone, in a deterrent sentence by a Supreme Court judge who said this is to protect women against predatory sexual home invasions of this kind.

Heneli Valele and Timote Kaufusi who were 17 and 18 at the time of the offending last year, pleaded guilty to two counts of rape each, one of abetment to the rape and another for serious housebreaking.

This was in addition to other charges of theft, housebreaking and sodomy.

The victim was in her 50s.

Hon Mr Justice Cato on February 13 sentenced Valele to seven-years imprisonment, while Kaufusi received eight-years. Other sentences are served concurrent with the rape conviction.

The final 15-months of their sentence was suspended under conditions due to mitigating factors of early guilty plea and youth.

Terrible ordeal

The Court head, the prisoners after drinking with others until early morning, broke into the victim’s house and forced her and raped her numerous times.

The offending involved considerable violence as she was forced to engage in multiple sexual acts, eventually ending when she fled the house calling for help.

The judge said this offending involving two youths may be described quite simply as dreadful.

The starting point, which has been applied for rape offending since about 1996 in Tonga is five-years. In my view revision of this starting point upwards is required to adequately reflect the seriousness of rape in the modern age, he said.

Rape in Tonga carries a maximum sentence of 15-years. 

“The victim who lived on her own was cruelly treated by these youths who had no respect or regard for her at all. She suffered a terrible ordeal at the hands of these youths.”

Drugs

The Court heard Valele sniffed glue and was engaged in drugs and alcohol. He dropped out of secondary school and was hospitalized for leukemia in 2015 but was discharged after several months. 

At the time of sentencing, there was no suggestion that he was ill.

Valele, on the other hand said he had taken a combination of alcohol and cannabis.

"In my experience of criminal offending this can be very dangerous combination and those advocating the liberalization of cannabis should consider this."

Kaufusi’s counsel suggested that in addition to alcohol, his client might have been involved in taking methamphetamine known as ice , which is sadly becoming increasingly prevalent in Tonga and more commonly featuring in these courts, said the judge.

Both youths have expressed remorse in the probation report, although the complainant will not, understandably in his view, accept a formal apology.

He said the sentences passed in this case reflect the sentences imposed on youthful offenders.

“Mature adult offenders against women in their own homes after breaking in could expect higher sentences of imprisonment and this judgment serves as a warning.”