The Suva High Court has acquitted a man accused of rape after determining that the prosecution failed to prove the absence of consent beyond a reasonable doubt. Justice Usaia Ratuvili delivered the verdict, highlighting inconsistencies in the testimonies presented during the trial. The accused faced allegations of engaging in non-consensual sexual activity with a young woman at her home in Tovata, Makoi. During the proceedings, the complainant insisted that the act was non-consensual, while the accused maintained that it was mutual. The court, noting discrepancies in the complainant’s account, ultimately sided with the evidence presented by the defendant.
Justice Ratuvili emphasized that the prosecution did not provide sufficient evidence to demonstrate that consent was not given due to factors such as force, threat, intimidation, or misrepresentation. Due to the reasonable doubt that remained, the accused was acquitted, though the State is granted 30 days to appeal this decision.
This case echoes multiple other recent rulings, including several by Justice Sunil Sharma in the Lautoka High Court, where deficiencies in proving the element of “without consent” in rape allegations led to acquittals. In these cases, the judiciary reiterated the legal principle of “innocent until proven guilty,” emphasizing the necessity for clear and convincing evidence when adjudicating charges of a sexual nature.
Such outcomes highlight the intricate challenges faced by legal systems in balancing the rights of the accused with those of the complainants. They underscore a judicious need for thorough evidence and due diligence in sexual offence cases, reinforcing the importance of meticulous legal scrutiny to uphold justice while fostering an environment sensitive to both the accused and survivors.