Not guilty of rape

A MAN was acquitted by the High Court in Suva after he was found not guilty of raping his de facto partner.

The incident is alleged to have occurred in December 2011 in Nausori.

Justice Priyantha Fernando said he accepted the unanimous opinion of the assessors that the accused was not guilty as charged when delivering his judgement.

“I find that the prosecution has failed to prove the element of the absence of consent beyond reasonable doubt,” Justice Fernando said.

The court heard the complainant was embarrassed to tell that she had a miscarriage after having consensual sex and therefore she fabricated the story when she found there was a miscarriage.

The defence suggested that was why she did not mention this to doctors and nurses at Nausori Hospital.

Justice Fernando said the caution interview statement and the charge statement were admitted as evidence

In his caution interview statement the accused said he did not know that the complainant was pregnant and he did not hear the complainant saying that she didn’t want to have sex.

Justice Fernando said the complaint on the other hand was inconsistent in her statement to the police and the evidence she gave in court.

He then acquitted the accused accordingly.

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