A 19-year-old woman living at Ha'asini in Tongatapu who pleaded guilty to four counts of indecently assaulting a boy, received an 18 months suspended sentence at the Supreme Court today, July 21.

Justice Robert Shuster in sentencing Meleane Tongia suspended the whole 18 months sentence for three years under the conditions that she not contact the victim and that she attend a Salvation Army Drugs, Alcohol and Life Skills program.

He also fined her $500 and she was given 24 hours to pay to the court. Failing to comply with the orders would see her in Hu'atolitoli Prison.

Justice Shuster before sentencing the young woman first wanted the Crown to prove the age of the child. A birth certificate was produced and confirmed that the victim was born in June 1999 so he was 11 years and eight months old in February when the crime was committed.

Crown Prosecutor Leotrina Macomber told the court that in February 2011 the boy was sent from New Zealand to Tonga in his parents bid to prevent his involvement with the accused in a de facto relationship.

He enrolled at a high school and one week into his new school he was told that the accused was here in Tonga and living at Ha'asini. He then went to Ha'asini and stayed with her for a week.

The court was told that she admitted to the indecent assault in her interview with the police but denied having sexual intercourse with him. She is a first time offender.

Unusual

Justice Shuster who excused everyone from the courtroom apart from members of the media and relatives of the accused said this was an unusual case and probably the first in Tonga.

He told the accused that the boy was 11 and eight months year old and she was 19 and she and should have known better. "He is a child," he stressed.

"He has not grown up yet and has not developed and you are 19 and I blame you and the society blames you."

"You have pleaded guilty to four very serious charges. And the aggravating factor against you is that you are 19 who indecently assaulted on separate occasions an 11-years-eight-months-old boy.

"Both seem willing in their part and were both were active. But the law states that the victim cannot consent. He cannot consent to what you did; you are the one more culpable because you are the one of responsible age and maturity as you lived a longer life. And what you did to the young boy is against all natural rules."

Justice Shuster did not take into account what happened in New Zealand before she came to Tonga in February because he had no jurisdiction there. But in New Zealand the legal age is higher than Tonga and the Tongan parliament should look into this, he said.

Deterrent

He asked the accused whether anything was wrong with her and whether she should be remanded for a psychiatric report. She answered, no there was nothing wrong with her and said that it was over between them.

Justice Shuster told her that he must make an example that this must not happen. And as a deterrent sentence he sentenced her to 18 months imprisonment on each of the four counts. These counts are concurrent meaning, 18 months in total

"But you have accepted responsibility and you admitted to the probation officer what you did and I give you credit for that. He is still a little boy and he remains a little boy and the international law takes precedence in this case over the eyes of others until he is 18-years-old," he stressed.

After considering her guilty plea and having no record he then suspended the whole sentence for three years and emphasised that she must not have any contact with the victim and failing to do so would be imprisoned.

The accused had pleaded guilty in May this year to the four counts of indecent assault.