The High Court has ordered four men convicted of raping a Year One student on different occasions in 2018 to refrain from watching pornography via electronic and non-electronic means, including documents.
This was one of the orders imposed by High Court judge Justice Pita Bulamainaivalu on August 12.
The four, who were juveniles when they committed the offences, (now aged between 19 and 22), were found guilty respectively of seven counts of rape committed on unknown dates between January 1 and December 31, 2018.
The court heard that the first offender would commit the act in a pigsty and in front of a church, while the second, raped the victim on a farm on one occasion.
Another two raped the victim in a classroom.
The child did not inform anyone of the incident because the offender told him not to. He only realised the acts were wrong when he learnt about “bad touch” and “good touch” in school.
Court records show the victim knew the four as cousins and neighbours in the village.
Justice Bulamainaivalu said they exposed the child to horrendous and traumatic sexual ordeals that exposed the child to the inherent risk of being infected with STDs, including HIV.
According to the victim, he was being bullied by children and verbally abused in the village, so he was moved to Viti Levu to continue his primary education.
Justice Bulamainaivalu said this showed that his village was no longer a haven for victims of sexual exploiters and rapists, and he may find it tremendously difficult to reconnect and reconcile with his village and its inhabitants.
Three of the men have had their 17-month and 14-month sentences suspended for two years.
The custodial punishment for three men is below the tariff of 11 to 20 years for child rape because of the statutory limitations for punishment of “young persons” provided under section 30(3) read in conjunction with section 32(1) – (2) of the Juveniles Act, the judgment read.
However, no order for incarceration can be made against the fourth juvenile, now 19, who was a child when he raped the boy, under section 30 (I) of the Juvenile Act, the judgment stated.
The court has ordered the four be counselled by the Social Welfare Department and must be accompanied by their parents or guardians.
The offenders are also ordered to attempt to enrol in formal education via legitimate tertiary learning institutions to upskill themselves and to secure and maintain employment.
They must also remain attending their respective churches and be diligently involved in activities geared towards the betterment of physical and spiritual well-being.
The victim must neither be contacted, intimidated, threatened, coerced, nor interfered with in any manner of form by the four.