The Lautoka High Court has acquitted a man of three charges: one count of rape, one count of sexual assault, and one count of indecent assault. The ruling was delivered earlier this week by High Court Judge Justice Sunil Sharma.
The alleged incidents occurred in March 2022. Judge Sharma emphasized that the critical factor at this stage of the trial was whether there was sufficient evidence for all elements of the charges against the accused. Following the prosecution’s presentation of its case, the defense argued for a dismissal of all charges, citing lack of evidence.
Judge Sharma stated, “Without consent is an essential element of the offences the accused is charged with. The complainant testified that she consented to the actions of the accused, which leaves a key element of the offences unaddressed.” He noted that the state counsel agreed with this application, leading to the conclusion that there was insufficient evidence regarding the critical element of consent necessary to proceed with the case.
As a result of these findings, the accused was declared not guilty and acquitted of all three charges.