THE High Court in Lautoka has acquitted a man of rape and indecent assault charges after finding that his sexual encounters with a neighbour were consensual throughout their extra-marital affair.
Justice Sekonaia Vodokisolomone cleared the man of one count of rape and one count of indecent assault.
The charges stemmed from allegations made by the 38-year-old victim, who claimed the man had raped her between November and December 2023 at her home while her husband was away in India.
The victim alleged that although the relationship began consensually in October 2023, the man later used intimate photographs and videos to blackmail her into continued sexual encounters against her will.
The man denied the allegations, maintaining that the extra-marital affair was entirely consensual and that he never used photographs to force or control her.
In his judgment, Justice Vodokisolomone noted the victim continuously unlocked her doors and allowed the man into her home even after her husband returned from overseas and failed to provide medical evidence or corroborate her claims of being blackmailed. The court was of the view that the victim only reported the matter to the police after her husband saw a TikTok post containing her photo.
The judge said it was clear the complaint was made to save her marriage.
Justice Vodokisolomone concluded that the prosecution had failed to prove beyond reasonable doubt that the victim did not consent, acquitting the man of all charges.
