The High Court in Lautoka has overturned a guilty opinion of assessors and acquitted a man on eight counts of rape and two counts of indecent assault.
In his July 1 judgment, Justice Chamath Morais said the consent of the victim was an essential ingredient in the alleged offence of rape.
“Though (victim) states that she did not consent, it is apparent that she has taken it as a part of her life,” he said.
“There is nothing to indicate that the accused obtained her consent by force of deception.
“If she has given the consent on the wrong belief that it’s a part of her life, in absence of any material to conclude that the accused was aware of such, would the accused be liable for rape is an arguable point.”
Justice Morais said it was the duty of the prosecution to establish beyond a reasonable doubt that the victim gave the consent.
“As she was the sole witness as to all these allegations, I feel it is too dangerous to rely on her evidence.
“I disdain the act of the accused as immoral for him to have sexual intercourse with his stepdaughter at any time.
However, it is not an offence punishable by law if his version is accepted that he has had sex with her after she was 16 years of age.
“Therefore, I am compelled to disagree with the unanimous opinion of the assessors. In the result, I find the accused not guilty of all the counts.”