A husband and wife who were convicted of rape, sodomy and indecent assault of a woman in Toula, Vava’u last year, have been sentenced to 17 years and 15 years imprisonment respectively.

Hon Mr Justice Niu sentenced the husband, Sosaia Latu Maamaloa (43) and wife Fine Maamaloa (35) last month, after finding them guilty on all of the charges against them, in a ruling on December 14, 2019.

Saia was sentenced to a total of 17-years imprisonment and Fine 15-years six-months imprisonment, starting from January 30.

The husband was convicted on eight counts, including two of rape, one of sodomy, four of serious indecent assault and one for abetting serious indecent assault.

While, the wife was convicted on five counts, including three serious indecent assaults, one for abetting rape and another for abetting serious indecent assault.

The judge did not suspend any part of their sentences.

Some of the sentences were served either concurrently or consecutively with other charges, making up the total jail time.

Serious offences

In the ruling last December, the Court heard that the complainant had been drinking a lot of alcohol with a friend on the night of January 10.

In the early hours of the morning the party broke up and this couple (whom she had not previously met) and another person she knew, went in their vehicle to take the complainant home.

She woke up naked and very weak later the next morning, in a house with the accused couple. She could not see her clothes. 

The sexual offences were committed at this time. The door was locked.

Sentencing

Justice Niu, in sentencing Saia, said he committed the serious crime of rape twice, on the complainant and Fine, assisted and encouraged him to rape her.

"The sentence for rape has a maximum of 15-years imprisonment. It is the third most serious offence in Tonga, with murder and treason which is punishable by hanging or life imprisonment being number one and manslaughter being number two, with a maximum imprisonment sentence of 25-years."

He said, next to rape is sodomy, which has a maximum of 10-years imprisonment.  

“Saia and Fine, you both have shown no contrition or remorse at all. You in fact both deny that you did, what I have found, as a fact, you did to the complainant, and so you have made no attempt to convey any apology to or seek the forgiveness of the complainant for what you have done to her.”

Deterrence 

Hon Mr Justice Niu said the sentences imposed are for deterrence as the offence of rape and sodomy are among the most serious offences Tonga.

“We must all accept that lawmakers of this country, the King and Legislative Assembly have decided that it is the law of this country that a man who commits the crime of rape is to be sentenced to prison for a period not exceeding 15-years. 

“They have considered that with such a sentence, men will be deterred from committing that offence. The same goes for the crime of sodomy, if a man commits those offences he can be sentenced for up to 15-years for the rape and up to 10-years for the sodomy,” he said.

“If the Court does not impose sentences befitting those crimes as laid down by the King and Legislative Assembly, then the purpose and aim of deterrence of those laws are not achieved and the law becomes ineffective.”

The judge said most importantly, is the sanctity, dignity and honour of the woman, the very reason why the offence of rape has been made one of the most serious offences in Tonga.

"That is the reason why the King and the Legislative Assembly of this country and all parliaments in the world have enacted this most serious offence of rape to protect that most precious treasure, the sanctity, dignity and honour of the woman."

Children

A probation report considered by the court said that the couple have  8 children between the ages of 19 years and six years old.