Summarising the case, Lord Chief Justice O.G Paulsen said it had been proven beyond reasonable doubt that Tu’ifua “had sexual intercourse with the woman knowing that she was in a state of insensibility.”
Kaniva News reports the sexual assault occurred following a drinking session on November 11 last year.
The victim had been with a group of people she knew and after a night of consuming alcohol she was taken to a hut by Tu’ifua.
Eventually she passed out.
When she did not return home her mother went looking for her. She found the hut and saw the accused having sex with her daughter.
The mother called out to the accused who eventually came out. She tried to revive her daughter, but she remained unconscious and did not wake up until the Monday night.
The next day the women and her daughter went to the police and lodged a complaint of rape.
“There is no doubt that at all times the victim was rendered insensible by reason of intoxication and that the accused must have been aware of this,” the judge said.
“I am therefore satisfied beyond reasonable doubt that the accused was engaged in sexual activity with the victim while she was insensible.”
He said he found the victim’s mother to be a credible and truthful witness.
“Nothing leads me to doubt her evidence that she saw the accused have intercourse with her daughter,” Justice Paulsen said.