The Suva High Court has acquitted a 67-year-old grandfather who faced serious allegations, including seven counts of rape and one count of sexual assault against his granddaughter. The offences were reported to have occurred between 2021 and 2023 when the victim was only in Year 3.
In his ruling on December 24, 2024, Justice Usaia Ratuvili expressed that the medical evidence presented had limited value, as any potential injuries would have healed by the time the examination occurred. He pointed out that several key elements raised reasonable doubts about the incidents’ occurrence. The judge noted that the child testified that she screamed during the alleged attacks, yet it was improbable that such noises would go unheard in a crowded living situation. Furthermore, the complexities of living arrangements in a small housing estate, where multiple adults and children resided closely together, contributed to the doubts surrounding the accusations.
Justice Ratuvili emphasized that the prosecution had not met the requisite burden of proof and concluded that the accused should benefit from the reasonable doubt regarding the claims made against him.
Interestingly, this acquittal is part of a broader pattern, as seen in another similar case in Lautoka where a man was also acquitted of rape charges, as the complainant’s testimony raised questions about consent. In earlier rulings, the courts have consistently highlighted the essential need for clear evidence supporting all charges, particularly concerning consent, which is crucial for any guilt determination in such sensitive cases.
This pattern in the legal decisions reflects the judiciary’s careful approach in evaluating evidence, especially where allegations of a sexual nature are involved, ensuring that the rights of the accused are safeguarded while also acknowledging the difficulties in proving such claims.
The outcomes of these cases underscore the importance of a thorough judicial process as society grapples with the complexities of sexual assault allegations, particularly when vulnerable individuals are involved. While the acquittals may concern some, they also highlight the legal principle of “innocent until proven guilty,” which is foundational to justice systems worldwide. It serves as a poignant reminder of the delicate balance that courts must strike in adjudicating cases that profoundly impact the lives of all parties involved.
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