Teen gets suspended sentence for indecent assault on runner [1]
Wednesday, February 26, 2020 - 16:28
Earlier this month, Lord Chief Justice Whitten sentenced Uikelotu Afeaki to 12-months imprisonment, which was fully suspended for two-years on conditions.
The suspension was due to mitigating factors such his guilty plea, no previous conviction, genuine remorse, apology to the victim, and the victim seeking the court's leniency in sentencing the defendant.
The court heard the incident occurred last year at 9:00am in Tongatapu, when the victim left her home to go for a run. As she ran northward towards Hihifo Road, a van driven by the defendant, who was 15-years-old at the time, drove past her, then turned around and followed her.
The defendant asked her where she was going and repeatedly asked her to get in the van. The victim told him she was exercising and she was okay.
The van drove past her and stopped in front of her. The defendant got out of the vehicle, walked over to her and started groping her and asked her to have sex with him, which she declined.
The defendant continued to make sexual advances on the victim and she yelled for help. He stopped what he was doing.
The victim reached for her mobile phone in her backpack and the defendant ran towards his van repeatedly telling the victim it was ok, before he drove off.
The victim reported the incident to police and he was arrested.
Sentencing
Lord Chief Justice Whitten in sentencing earlier this month, that while the offending may be toward the lower end of the spectrum for crimes of this kind, it is nonetheless behaviour which is abhorrent to the community involving an attack on an innocent woman going about her lawful activities.
"No member of society deserves to be set upon in broad daylight in the way in which the defendant did here. It was no doubt a very frightening experience for the victim and has lasting consequences. Equally, no doubt, had she not called for help and had the awareness to reach for her mobile phone, the Defendant may well have continued on to commit far more serious crimes."
In addition, he was mindful though that while, he was initially charged with attempted rape, the defendant was ultimately indicted and pleaded guilty to the lesser charges of serious indecent assault.
"Further, I am inclined to accept the defendant's submission that this was a spontaneous attack without premeditation. I consider the offending to be largely if not entirely attributable to the defendant's likely emotional and sexual immaturity, demonstrating a lack of responsibility, consideration and control."
Conditions of probation, included the defendant being placed on probation, and that he must not commit any offences punishable by imprisonment during suspension period, undertake 40-hours community work, among others.
The victim's identity was suppresed by the Court.