Friday 19 April 2024 | Written by Losirene Lacanivalu | Published in Court, National
The offender remains subject to a name suppression order, as mandated by the High Court to protect the victim’s identity.
The court heard that the man committed the offence last year when he went to the victim’s house after returning from a night out in Rarotonga.
According to his probation report, he did not dispute the summary of facts saying that he was heavily intoxicated, did not remember what took place, he apologised and took full responsibility for what happened.
Chief Justice Patrick Keane through an audio-visual link said the man took advantage of the victim while she was sleeping, she was vulnerable and still traumatised from the incident.
CJ Keane said the offending may have been fueled by alcohol but it was serious.
Crown Law prosecutor Lucinda Rishworth said the aggravating factors were the victim’s age and he had unlawfully entered the home when she was asleep.
Rishworth said the victim was experiencing ongoing trauma and this could have long lasting effects.
In mitigation, she said the rapist was a first-time offender, young and given that he pleaded guilty he had spared the victim trauma to give evidence if there was a trial.
The Crown recommended a custodial sentence saying that imprisonment is the only appropriate outcome for the case.
The man was represented by lawyer Michelle Tangimama who said that the defendant had taken full responsibility for the offence.