THE High Court in Suva has allowed Director of Public Prosecutions lawyer Leba Koto time to decide whether the State will charge a man with rape or defilement.
The accused is alleged to have raped a 14-year-old girl but claims the complainant consented to sex.
The matter was called before High Court judge Justice Salesi Temo.
The accused was previously represented by Legal Aid Commission lawyer Seremaia Waqainabete, who yesterday sought court approval to grant him leave as the accused had sought the services of a private lawyer.
The accused's new lawyer Sevuloni Vakawaletabua, told the court his client admitted in his police caution interview he had sexual intercourse with the complainant, however, the main issue was consent, and not the issue of sexual intercourse.
Judge Temo said the law states that persons above the age of 13 could give consent.
"Prosecution, you will look at the file again and decide whether he should be charged with defilement or rape," Justice Temo said.
"If he is charged with defilement, then this file will be remitted back to the Magistrates Court."
The matter has been adjourned to September 20.