THE High Court in Labasa has acquitted a 20-year-old man of raping his 14-year-old neighbour but convicted him of the lesser charge of defilement and one of sexual assault.
The man had pleaded not guilty to rape and sexual assault following an incident on April 24, 2025.
The court heard the man had sexual intercourse with the victim, a Year 8 student who has learning difficulties, while they were staying at a neighbour’s house.
During the trial, the victim admitted in cross-examination that she had consented to the sexual intercourse.
Consequently, Justice Lee James Burney ruled that the prosecution had failed to prove a lack of consent beyond a reasonable doubt, resulting in an acquittal on the rape charge.
However, Justice Burney found the man guilty of defilement. The court rejected the defence’s claim that the man reasonably believed the victim was 16 years old due to her physical build.
Justice Burney noted that the man knew the victim was a primary school student and a child.
