A rape case is being heard before the Supreme Court of Samoa, where a young boy is accused of raping a girl with an intellectual disability in alleged incidents that occurred when the victim and the accused were both 13 years old. They are now both 16.
The accused, now 16, faces one charge of sexual violation by rape and two charges of sexual connection with a person under 16, arising from alleged incidents in 2023.
The assessor trial began on Tuesday, 25 August, before Justice Fepuleai Ameperosa Roma.
Opening the prosecution case, King’s Counsel Phillipa Currie told the Court that the complainant has an intellectual disability which, the prosecution says, meant that although she was 13 at the time of the alleged offending, her level of intellectual functioning was closer to that of a seven-year-old child.
The prosecution alleges that in October 2023 the accused took the complainant into a bedroom, removed some of their clothing and had sexual intercourse with her.
A neighbour is expected to give evidence that she became suspicious after seeing the accused leave the bedroom pulling up his trousers.
According to the prosecution, the neighbour pretended to leave before returning and allegedly found the accused and complainant naked on a bed.
The prosecution says the neighbour later reported what she had seen to the complainant’s grandmother and also claims to have witnessed another sexual encounter involving the pair.
Ms Currie told the assessors that the central issue for the rape charge would be consent.
This is not the fact where the victim said no, or was fighting or physically resisting,” she said.
The prosecution alleges that because of her intellectual disability, the complainant did not have the capacity to give proper consent to sexual intercourse.
The prosecution case is that the accused allegedly took advantage of her vulnerability.
Defence Challenges Pregnancy Evidence
Sadly the victim was discovered to have fallen pregnant the following year and gave birth to a baby boy in 2024.
Defence counsel Lucy to Sio-Ofoia objected to the lack of evidence linking the accused to the pregnancy.
Defense Counsel submitted that there was no scientific or DNA evidence linking the accused to the child and argued that introducing the pregnancy could unfairly prejudice the assessors against her client, who denies the alleged sexual act.
Ms Currie acknowledged that the prosecution would not be presenting evidence that the accused fathered the child.
“At this point there is no DNA evidence,” she told the Court.
The KC said the prosecution’s position was that the pregnancy demonstrated that the complainant had engaged in sexual intercourse, but it was not alleging or seeking to prove that the accused was the father of the baby.
Justice Roma said the issue was a matter for the Court and indicated that if there was no evidence linking the accused to the pregnancy, the assessors would be directed not to consider it as evidence against him.
The trial continues.
Vacancies and Public Notices
SOS Samoa – 2 Drivers
Latest posts by Staff Reporters (see all)
Post Views: 740
