THE High Court in Labasa has found five juveniles not guilty of raping a then 19-year-old girl in a field near a school in the Northern Division in 2018.
Court records show the victim had attended a sporting tournament at a school, and as she was watching the games, one of the five boys asked whether they could have sex.
She laughed and then followed the boy for about 20 metres to a pine tree field, where they had consensual sexual intercourse before the other four boys took turns with her.
The boys are aged between 16,17, and 18.
Prosecution argued that the victim did not consent to the sexual activity with the other four boys.
It is further alleged that the boy she had consensual sex with knew she was not consenting to the other boys, but he nevertheless assisted and encouraged them to have sex with her.
Taking their lack of maturity and all the surrounding circumstances into consideration, Justice Lee James Burney ruled that he is not sure that any of the four boys were reckless as to whether the victim did not consent to engage in sexual intercourse with each of them.
“It follows that I must find each of them not guilty and acquit them accordingly,” Judge Burney ruled.
