One of the two men convicted for sexually assaulting a married woman at the Korean Wharf in 2017 has had his appeal against conviction dismissed by the Supreme Court. The incident occurred on a June evening when the victim and her husband, who had recently relocated to Taveuni to start a business, were enjoying some downtime at the beach.
While they were at the beach, the couple was approached by the accused and their girlfriends, leading to a sharing of drinks and cigarettes. Later that night, they acquired a bottle of rum and spent time at a local drinking venue before the women were dropped off, allowing the men to accompany the victim and her husband to the Korean Wharf.
Around 4 AM, the victim, who had fallen asleep, was awakened to the horrifying experience of being raped by the two men. She recognized them by their distinct body odor and voices. In a state of confusion and fear, she noted the absence of her husband and worried about his safety. When he finally arrived, he appeared disoriented and was not aware of the traumatic events that had unfolded.
Attempting to alert her husband discreetly, the victim whispered for him to expel the assailants from the vehicle. After the men exited, she revealed to her husband what had transpired and noticed he had a bruise on his head, indicating he may have also been assaulted. The couple promptly reported the incident to their family and then to the police, ultimately seeking medical assistance at the Taveuni District Hospital.
Following a trial, both men received a sentence of 14 years for rape, as well as an additional seven years for the sexual assault, to be served concurrently. Justices Brian Keith, Terence Arnold, and Lowell Goddard upheld the trial court’s decisions, citing strong evidence, including medical records and prompt reporting by the victim, which reinforced the integrity of the verdicts. They concluded on October 30 that there was no substantial miscarriage of justice in the case.
This ruling underscores the importance of legal protections for victims and reinforces the commitment of the judiciary to uphold justice in cases of sexual violence. Such outcomes can inspire hope that survivors will continue to be supported and believed in their pursuit of justice.