The High Court in Lautoka convicted a former Police Constable of indecent assault, sexual assault, and three counts of rape.
Justice Aruna Aluthge said the incident occurred on September 3, 2023.
The complainant, a female colleague of the offender, testified that on the day of the incident, she was in the room of a Woman Police Constable located in the single men’s barracks at Lautoka Police Barracks.
They travelled in another officer’s vehicle to buy six bottles of beer and returned to the area behind the single men’s barracks to drink, where the complainant invited the offender to join them.
The complainant told the court that the offender offered to buy another carton of beer.
While they were still drinking, the complainant went to another female officer’s room at around 3pm, where she later had lunch and lay down to sleep. Shortly after, the offender informed the female officer that another officer wanted to see the complainant.
The complaint stated that she took the lead and went to see this officer. On the way, the offender stopped her and asked her to follow the other steps, which went past his room as he wanted to retrieve something. The complainant then followed him into his room and sat down.
The offender then locked the door behind the complainant and committed the offence.
The offender testified that he believed the complainant was consenting to his actions because she did not stop him, scream, protest, or resist any of his actions.
In the judgment, Justice Aluthge addressed the element of consent, which was at the core of the defence case.
“The burden of proof never shifts from the prosecution, even when a defence of honest and reasonable mistake of fact is relied upon,” Justice Aluthge said.
Justice Aluthge found that the prosecution had proven all three charges beyond a reasonable doubt.
The court rejected the offender’s defence in relation to the non-consensual nature of the acts, concluding that the required intent and absence of consent were each proven.
The matter was adjourned to a later date for sentencing submissions.
