The High Court in Labasa has acquitted five juveniles who faced charges of raping a 19-year-old girl in 2018. The incident took place in a field near a school in the Northern Division, during a sporting tournament that the victim attended.
Court records indicate that the victim was approached by one of the boys, who asked if they could engage in sexual activity. Initially, she laughed and then followed him into a nearby pine tree field, where they had consensual sex. Subsequently, the other four boys also engaged with her. The boys are aged between 16 and 18.
The prosecution contended that the victim did not provide consent for the sexual encounters that followed with the other boys. They alleged that the first boy, who had consensual intercourse with her, was aware she did not consent to the actions of the others but still encouraged them.
Justice Lee James Burney, after considering the boys’ ages, maturity levels, and the circumstances surrounding the incident, ruled that there was insufficient evidence to conclude that any of the boys were reckless regarding the victim’s consent. As a result, Justice Burney declared each juvenile not guilty and acquitted them.
This ruling highlights the complexities involved in legal cases concerning consent, particularly among minors, and underscores the importance of careful consideration of all factors in such sensitive matters. The judgment reflects the court’s duty to ensure that justice is served based on the evidence presented.