The High Court in Suva acquitted a man from Lau charged with one count of rape.
It was alleged the offence took place nine years ago when the victim was five years old.
Judge Justice Thushara Rajasinghe ruled on September 22 the prosecution had failed to prove the case against the accused.
“Interestingly, the complainant, who had not told anyone about this alleged incident for nine years due to the threat made by the accused, eventually decided to reveal it when her father confronted her, asking who had sexual intercourse with her,” Justice Rajasinghe said.
“That was after he reported to the police that she was found in her room with her boyfriend.
“The complainant admitted to her father that (name suppressed) had done something to her. Father then reported the matter to the police.
“There is no evidence explaining the reason for conducting a medical examination for the complainant.
“The complainant did not explain why she eventually decided to tell her father despite the threat made by the accused, which kept her quiet for nine years.
“There is a doubt whether she made up this story against the accused after the medical examination to save her boyfriend or finally found the courage to tell her father about this alleged incident.
“Such doubt undoubtedly affects the credibility of the complainant’s evidence.”
