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Republic v Tatiata (Taitai) [2025] KIHC 77; Criminal Case 05524 of 2025 (24 December 2025)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION

HIGH COURT CRIMINAL CASE 2025-05524

BETWEEN: REPUBLIC

AND: MARITITA TATIATA (TAITAI)

Date of Hearing: 24 September 2025
Date of Judgment: 24 December 2025

Appearances: Ms Kanrooti Aukitino for the Republic

Ms Ruria Iteraera for the Accused

SENTENCE

The Offence

1. Maritita Tatiata (Taitai)^[1] pleaded guilty to four counts of indecent assault contrary to section 133 of the Penal Code, which states the following;
   

Indecent Assault

133. Any person who unlawfully and indecently assaults another person is guilty of a felony and is liable to imprisonment for 7 years.

2. Particulars of the offence are stated below;
   

Count 1- Between 1 March 2024 and 30 April 2024 at Te Kawai Ae Boou in Bonriki village, the accused unlawfully and indecently assaulted the victim, a girl of 15 years old, by means of sucking her breasts.

Count 2- Between 1 March 2024 and 30 April 2024 at Te Kawai Ae Boou in Bonriki village, the accused unlawfully and indecently assaulted the victim, a girl of 15 years old, by means of inserting his hands inside her shorts.

Count 3- Between 1 March 2024 and 30 April 2024 at Te Kawai Ae Boou village, the accused unlawfully and indecently assaulted the victim, a girl of 15 years old, by means of caressing her vagina.

Count 4- On 16 July 2024 at Te Kawai Ae Boou village, the accused unlawfully and indecently assaulted the victim, a girl of 15 years old by means of sucking her breasts whilst sleeping.

3. The penalty for indecent assault was increased to 7 years in the Penal Code (Amendment) and Criminal Procedure Code (Amendment) Act 2017, which came into force on 23 February 2018.
   

The Agreed Fact

4. Both Counsels agreed on the following facts;
   

“The accused, Maritita Tatiata, is a male adult, aged 18 at the time of committing the offence of indecent assault contrary to section 133 of the Penal Code, residing in Bonriki at Te Kawai ae Boou. He was a Form 6 student at Sacred Heart High School when he committed the offense last year. He is no longer attending school this year.

The victim, XXX, is the accused’s first cousin sister, as their mothers are siblings. At the time of the offence, she was 15 years old and residing in the same household or vicinity.

The accused, Maritita Tatiata, indecently assaulted the victim on two separate occasions. First, on or around March or April 2024, at YYY’s house (the eldest brother of the victim) in Bonriki, Te Kawai Ae Boou, and it was sometime between 0200 and 0300 hours, when the victim was fast asleep in the living room. The suspect sucked the victim’s breasts, which woke her up.

While sucking her breasts, he also inserted his hand inside the victim’s shorts and tried to touch her vagina. The victim grabbed his hand and pulled it out of her shorts.

The suspect called the victim’s name, but she did not answer because she was scared of him.

She did not tell anyone about the incident, as she was afraid of him, knowing that he had a short temper and usually took a knife when he was angry.

The suspect was under the influence of alcohol when he indecently assaulted the victim.

On 16/7/2024, the accused committed the same offence again.

The victim was inside the bedroom with her cousin, watching a movie. Her cousin then slept in the living room, while the victim stayed in the room watching a movie and then fell asleep.

She was fast asleep when she felt somebody lift her shirt and top (bra), then suck her breasts.

She turned away from him, but he pulled her back and sucked her breasts again.

Thus, she got up, and that was when he whispered to her these words, “XXX, would you like me to eat your vagina?”

She did not answer him because she was afraid. Thus, she walked to the living room and laid down next to the suspect’s mother, while he still stayed in the room.

The victim remained awake, and it was not long before her sister-in-law got up and walked out to use the toilet. She followed her and told her what the suspect had done.

This was his second time committing the same offence against her.

At this time, the suspect was normal and his mind was clear, meaning he was not under the influence of alcohol.

The accused admitted to the offence during the police interview and subsequently pleaded guilty to all four charges of indecent assault.

The victim has experienced emotional distress as a result of the repeated assaults, and the familial relationship has been significantly affected.”

5. The Prosecution raises the following aggravating factors.

- The victim is the accused’s first cousin, reflecting a close familial bond and heightened expectations of trust and protection.

- The offense occurred on multiple occasions, demonstrating a pattern of predatory behavior.

- The offense was not impulsive but repeated and deliberate.

6. Mitigating factors are also mentioned by the Prosecution, which are the accused's early plea of guilty and cooperation with the police.
   
7. Counsel for the Prosecution referred to two cases in support of her submission. The first case was Republic v Bwereieta Ientaake [1998] KIHC 15, in which the accused, a stepfather of the victim, was sentenced to 3 years' imprisonment for four counts, 3 of which were indecent assault and one concerned defilement. The court considered the existence of a position of trust between the stepfather and the victim. The second case, Republic v Merekitereka Temoanna [2018] KIHC 18, involved the accused being charged with one count of indecent assault and two counts of defilement. The accused licked the fourteen-year-old victim’s vagina and rubbed his penis between her thighs. He was sentenced to 3 years and 3 months' imprisonment.
   
8. The Prosecution asks for a custodial sentence as most proper and appropriate to the circumstances of this case.
   
9. Counsel for the Offender proposes a non-custodial sentence for the following reasons;
   
   • - The accused is a young offender in his prime teenage years.
   • - He is a first offender.
   • - He was under the influence of alcohol when committing the offenses.
   • - He cooperated with the police and pleaded guilty at the earliest opportunity.
   • - He is remorseful. He has apologized to the victim and made amends with their family. He was embarrassed by what he had done, knowing the victim was his first cousin. He has left the house at Te Kawai Ae Boou and has promised that this will not happen again.
   • - There was no evidence of force during the incidents, and the touch of the vagina was fleeting, without actual contact.
   • - He is now spending most of his time as a youth member and has tried hard to lead a good life. He is helping his parents with housework and earning income from his part-time job.
     
10. The Defense relied on four case authorities as follows;

-Republic v Taberu Karibarenga HCCrimC No. 55, 2004.

The accused, a 25-year-old, pleaded guilty to indecently assaulting a girl under the age of 13 with epilepsy. The accused knew the girl and her family. No physical force was involved, and the accused was given a suspended sentence.

-Republic v Kaitama Obwaia HCCrimC No. 22 of 2012.

The accused pleaded guilty to a charge of indecent assault by sucking the victim’s breast. He was a caregiver and provider for the victim. He was a first offender, made an early guilty plea, and offered apologies. He was sentenced to six months’ imprisonment, suspended for 12 months.

-Republic v Tokintekai Raurenti and Kaueata Taaberata HCCrimC No. 28 of 2012

Two accused, both young, indecently assaulted a 13-year-old victim. Both pleaded guilty, and the court considered their youth, sentencing the first accused to 6 months' imprisonment and the second accused to 3 months' imprisonment, suspended for 12 months on good behavior.

-Republic v Naruai Beiaata HCCrimC No. 26 of 2020

The accused pleaded guilty to indecent assault on the victim by lying naked on top of her. The court considered the accused's youthful age at the time of the offence, although he was no longer that age at the time of sentencing. The court also considered his contributions to the family's livelihood and his efforts to address alcohol consumption. He was given a 60-day community service order under section 46 of the Penal Code.

11. After considering both submissions, I take into account the victim's young age at the time of the offense, the breach of trust, and the sense of security and protection, given that the offender is her first cousin and lived under the same roof. The accused should have protected the victim, as a family member, rather than sexually assaulting her. He was under the influence of alcohol when he committed the offence on the first occasion, but not on the second occasion. However, even when intoxicated, this does not excuse indecently assaulting another person, especially a family member. I also consider that no force or violence was used during the offending. The early guilty plea, the accused's clean police record, and his effort to change his life by joining a youth group are also considered. Taken together, these factors give him some good points.
    
12. However, I also note Parliament's intention to treat this offence as serious, as evidenced by the increase in the imprisonment term to 7 years in 2018. The case authorities referred to by the Defense predate Parliament's 2018 penalty increase, except for the last case, Naruai Beiaata.
    
13. The Defense asks for a sentence similar to the one given in Naruai Beiaata, which was community service. I do not think this is applicable, as the accused was beyond the youthful age, having been 18 at the time of the offense. The indecency in that case was less serious than the sucking of a breast and touching of a vagina. He also breached a family trust between himself and the victim, as they were very close relatives (first cousins) living under the same roof. This is highly taboo in our culture. The indecency has emotionally distressed the victim. His punishment should serve as a deterrent to him and to members of society. The accused deserves a custodial sentence, and I disagree that your act of indecency falls at the lower end of the scale; sucking someone’s breast is something serious.
    
14. In determining the appropriate sentence, I have found great assistance in a similar case, Republic v Eriakim Tabokai [2019] KIHC 34; Criminal Case 40 of 2017 (10 May 2019). The indecent assault involved sucking the breast and rubbing the penis between the victim’s thigh until he ejaculated. He pleaded guilty to two counts of indecent assault. The Court calculated the sentence with a starting point of 18 months and, after considering the aggravating and mitigating factors, imposed a sentence of one year and three months. The Court in that case also referred to another similar case, The Republic v Buakaua Bauro [2004] KIHC 35, where the offender, Buakaua, indecently assaulted the 16-year-old sister of his former wife by pushing her down on the beach and sucking her breast. He pleaded guilty and was sentenced to 9 months’ imprisonment.
    
15. Given the maximum penalty for indecent assault is 7 years, the totality principle will apply to the four counts of indecent assault. An appropriate starting point in this case would be 12 months. Taking into account the aggravating factors mentioned in the preceding paragraphs, I will add 5 months. For mitigating factors, especially the fact that you were at the prime of youth, 18 years, when committing the offense, I will deduct 11 months. The resulting sentence is 6 months' imprisonment for the four counts of indecent assault. A custodial sentence is appropriate; I see no special reason to suspend it. The sentence must begin immediately.
    

THE HON TETIRO SEMILOTA MAATE MOANIBA
Chief Justice

^[1] I have put the accused’s surname like that, one in the bracket, because both Counsels used both in their submissions and case name.