The Lautoka High Court has convicted a former Police Constable on multiple charges, including indecent assault, sexual assault, and three counts of rape. The ruling was delivered by Justice Aruna Aluthge, following an incident that took place on September 3, 2023.
Testimony from the complainant, who is a female colleague of the defendant, revealed that they had been drinking beer together in the company of another officer. After a while, the complainant left to visit another female officer and later returned, where the offender then encouraged her to follow him to his room under the pretense of retrieving something. Once inside, he locked the door and committed the offence against her.
During the trial, the offender asserted that he believed the complainant was consenting because she did not scream, protest, or physically resist. In her judgment, Justice Aluthge emphasized that the responsibility to prove consent lies with the prosecution. She noted that the prosecution had effectively demonstrated beyond a reasonable doubt that the acts were non-consensual.
The court decisively rejected the offender’s defense and concluded that both the necessary intent and the absence of consent had been established. The case has been adjourned for sentencing submissions, signaling the judicial system’s commitment to addressing serious offenses against individuals in positions of authority and their impact on victims.
This ruling reaffirms the importance of consent in legal proceedings and the vigilant role of the justice system in safeguarding the rights of victims. The case serves as a reminder of the need for accountability and thorough legal processes in addressing sexual crimes, which remain prevalent in society.
As such, this conviction reflects the ongoing efforts to bring perpetrators of sexual assault and violence to justice, thereby promoting a safer environment for all individuals, particularly those within vulnerable positions.