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Public Prosecutor v Tor [2002] VUSC 28; Criminal Case No 023 of 2002 (17 May 2002)

IN THE SUPREME COURT

OF THE REPUBLIC OF VANUATU

(Criminal Jurisdiction)

Criminal Case No.23 of 2002

PUBLIC PROSECUTOR

–v-

ANDERSON TOR

Prosecution: Mr. Siba

Defence: Mr. Boar

Plea: Rape – Guilty

SENTENCE.

You have pleaded guilty to one offence of rape, although there were three acts of sexual intercourse in a short time.

I give you credit for the fact you admitted the matter to the police at an early stage. You also stood up in church and admitted the matter before you were arrested.

You have also pleaded guilty.

That is very much to your credit. In particular, it saves this young girl from giving evidence. In cases of this kind that is always very difficult.

I sentence you on the basis of your version of events. You accepted you took this girl to a remote place. She was 16 years old. Her auntie, age 24 years, was with her. It should have been obvious to the auntie there was a risk. When there the auntie went and had sex with another man.

You then raped this girl. She was telling you stop. You used violence towards her, although I accept it was not great. You had sex not just once but three times. You then went back to town.

In your favour you have a good job. You have a wife who is still with you. This must be very hard for her. You have two children of your own and look after other children. You have no previous convictions.

In one evening you have thrown away everything that is good in your life for a few minutes of sex.

I accept you are very sorry I also accept you have made a full custom settlement.

The Courts must look to the protection of young girls, especially from older men. There is much sexual abuse of girls by men and it is not acceptable.

The normal sentence for this is 5 years. You have pleaded guilty and there is much mitigation. I should reduce it to 3 ½ years. In the special circumstances of this case I will reduce the sentence to one of 2 ½ years prisons.

Sentence: 2 ½ years prison.

Informed of right of appeal.

Dated at Port Vila this 17^th day of May 2002.

R.J. COVENTRY

Judge