The High Court in Labasa has acquitted a man in a marital rape case, with the presiding judge citing significant doubts regarding the timeline of the complainant’s report to police and inconsistencies in her evidence.
The accused had pleaded not guilty to allegations that he raped his wife at their family home in Siberia, Labasa, on 31 May 2022.
In his judgment on August 8, Justice Lee Burney acknowledged the seriousness of the allegation but noted that the credibility and reliability of the complainant’s account were central to the case.
One key concern highlighted by the Court was the complainant’s claim that she had reported the alleged rape to police on June 1, 2022, and had undergone a medical examination the following day, June 2.
However, trial evidence confirmed that the medical examination actually took place on June 4, 2022.
“This doubt is not trivial or peripheral to the central issue in the trial,” said Justice Burney.
“If the complainant lied, or was mistaken, about reporting to the police on 1 June 2022, the defence case, that she delayed reporting until after she realised the accused was back together with his girlfriend on 3 June, maybe true.”
The judge noted that such a delay could support the defence’s suggestion of retaliation or resentment as a possible motive for a false allegation.
“I cannot be sure that the complaint to police on 4 June 2022 did not come about in the circumstances described by the accused,” he said.
“I must therefore find the accused not guilty of rape and acquit him accordingly.”