Teen convicted of underage carnal knowledge [1]
Wednesday, April 10, 2019 - 20:21. Updated on Wednesday, April 10, 2019 - 20:34.
Hon Mr Justice Cato in his verdict in the Nuku'alofa Supreme Court on April 3 convicted the accused on four counts of carnal knowledge that the complainant gave evidence to. He was acquitted on one count.
The accused who was 17 years old at the time of the offences was acquainted with the complainant. He was not in school but was working at the time.
He had pleaded not guilty to all counts and was tried by judge alone.
Hon Mr Justice Cato said there was no challenge to the complainant's evidence, that although they did not discuss her age, the complainant did tell him her level at school.
"I consider that this must have alerted him to the fact that she was likely well under the age of consent."
In addition, the accused had admitted to the intercourses in his record of interview.
“Although only 17, he must have known the complainant was at best barely a teenager and opportunistically adopted a reckless disregard or indifference as to her age before he had repeated the acts,” said the judge.
"I am satisfied beyond reasonable doubt that he was at best reckless or indifferent, at worst willfully blind to the obvious fact that she was too young to have legal intercourse."
The judge then rejected any defence based on honest belief that the complainant was of legal age.
The accused was remanded in custody to be sentenced on May 17.
Meanwhile, the complainant's name was suppressed as well as details that might identify her.