One of the two men convicted of sexually assaulting a married woman at the Korean Wharf in 2017 has had his appeal against the conviction turned down by the Supreme Court. The incident took place on a June evening when the victim and her husband were enjoying a night out at the beach in Taveuni, where they had moved recently to start a new business.
During their time at the beach, the couple was approached by the assailants and their girlfriends, leading to an exchange of drinks and cigarettes. After acquiring a bottle of rum, they spent time at a local drinking venue before the women were dropped off. This left the victim and her husband in the company of the two men as they headed to the Korean Wharf.
Around 4 AM, the victim was awoken from sleep to the horrifying realization that she was being raped. She recognized the attackers by their unique body odor and voices. In a moment of confusion, she noticed her husband was absent and became fearful for his wellbeing. When he eventually returned, he appeared disoriented and was unaware of the traumatic events that had just occurred.
In a bid to discreetly alert her husband, the victim whispered for him to remove the assailants from the vehicle. Once the men left, she revealed the assault to her husband, discovering he had a bruise on his head, suggesting he may have also been attacked. They promptly reported the incident to their families and subsequently to law enforcement, seeking medical help at the Taveuni District Hospital.
Following a trial, both assailants received sentences of 14 years for rape and an additional seven years for sexual assault, to be served concurrently. The Justices Brian Keith, Terence Arnold, and Lowell Goddard upheld the trial court’s decision, noting the strong evidence which included medical records and the victim’s timely reporting of the attack. On October 30, they concluded that there was no significant miscarriage of justice in this case.
This ruling emphasizes the importance of legal protections for victims and highlights the judiciary’s commitment to achieving justice in cases of sexual violence. Such rulings can instill hope in survivors, reinforcing the message that their voices will be heard and believed in their pursuit of justice.