The High Court in Labasa has acquitted five juveniles of the charge of raping a 19-year-old girl in a field near a school in 2018. The court found the boys, aged between 16 and 18, not guilty after examining the circumstances surrounding the case.
The incident took place during a sporting tournament at a local school where the victim and the accused were present. According to court records, one of the boys approached the victim and asked if she was interested in having sex. The victim consented and followed him about 20 meters to a pine tree field, where the initial encounter occurred. Following this, the other four boys also engaged in sexual activity with her.
The prosecution argued that the victim did not give her consent for the subsequent encounters with the other boys. It was alleged that the first boy, who had consensual sex with her, was aware that the victim was not consenting to the other boys’ involvement but still encouraged them to proceed.
Justice Lee James Burney, weighing the maturity of the young defendants and the context of the situation, concluded that there was insufficient evidence to prove that any of the boys acted recklessly regarding the victim’s consent during their encounters with her. As a result, he determined that the charges could not be substantiated, leading him to acquit all five defendants.
This ruling highlights the complexities surrounding consent and the legal interpretations of such cases, especially involving juveniles. The decision underscores the necessity for continued discussions about consent education and the legal standards applicable to young individuals in similar situations.
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