The High Court in Suva acquitted an electrician accused of raping his partner while she was healing from childbirth injuries because the prosecution failed to prove the case “beyond a reasonable doubt”.
The 35-year-old victim and the 26-year-old man were in a live-in relationship and have a child together.
Prosecution alleged on April 29, 2025, the couple argued in the bedroom about his late arrival and the man became furious and started physically assaulting the woman, resulting in his sister intervening to remove the baby from the room.
Exhausted from crying, and suffering from fever, the woman went to sleep, and it is alleged that about 1am the following day, the man returned with the baby and had sexual intercourse with the woman.
In the analysis of the evidence, Justice Daniel Goundar found the man’s evidence to be consistent, logical, and convincing.
“His account regarding the (victim’s) manipulative and threatening behaviour was supported by his sister, and the (victim’s) cousin and aunt,” Justice Goundar ruled on September 5.
“I find that the (victim’s) evidence was less coherent and persuasive than the (man’s) evidence. I accept the (man’s) version that the (victim) initiated and consented to intercourse, as she had previously in their relationship.”
