Rapist led victim to hut [1]
Friday, August 26, 2011 - 18:10. Updated on Monday, September 9, 2013 - 18:40.
A 28-year-old Folaha man was found guilty of raping a 23-year-old woman whom he knew was mentally unstable, at Longoteme on August 30, 2009.
Ray Hu'ahulu who was charged with rape contrary to section 118(1)(c) of the Criminal Offences Act (Cap 18) was found guilty after trial by jury trial before Justice Robert Shuster at the Supreme Court in Nuku'alofa.
Crown Prosecutor Joan Puloka told the court that the accused led the victim into a hut at Longoteme and had sexual intercourse with her knowing full well that she was feeble-minded.
She said the law offers protection to people who do not have the mental capacity or refuse consent as spelled out under the Criminal Offences Act.
The convicted man who was represented by counsel Mana Kaufusi claimed that he was intoxicated when he committed the offence.
But that is not a defence under Tonga's laws, the court was told.
The victim lives at her home with family but sometimes when her condition worsens she is admitted for treatment at the Psychiatric Ward at Vaiola Hospital.
Justice Shuster ordered the convicted offender to be remanded in police custody for sentencing on September 9, at the Supreme Court.