Tutuvatu Forum

Andy · Joined: 08 Nov 2007 Posts: 201 Location: Qld, Australia

esia,

Under the Penal Code (criminal law) of SI, the maximum sentence for rape is life imprisonment. However, it is rare for the courts to sentence a rapist to life imprisonment. However, I suspect if this person is convicted, he may gets a senetnce that is way up the scale, i.e., higher up in the sentencing range for rape case/convictions, given the age and state of the victim.

Prosecutors also have the choice of charging this person for defilement under the PC. The maximum sentence is also life imprisonment given that the victim is below 13 years old. Again, rarely do the courts sentence a convict to LI for defilement.

Assuming nothing helpful to aid the accused in his defence, then the accused best option would be an early quilty plea. This may aid him in his sentencing hearing as a mitigating factor of some sort.

The prosecution has one hurdle: that of corroboration. Courts do insist that sexual victim's evidence be corroborated in some way. Interesting to see how the courts/prosecutors go about it in such a case where the victim may not be physically and emotional fit to take the witness box. An early quilty plea will, of course, save the victim and witnesses to front the witness box.

The High Court of SI only has jurisdiction (power) to hear rape cases. Appeal lie to the CA of SI.

esia · Posted: Sat May 10, 2008 5:33 pm Post subject:

Thanks Andy

AK47 · Joined: 08 Nov 2007 Posts: 233

Capital punishment should be introduced in Solomon Islands for crimes such as this-ones that is beyond human comprehension. It is extremely sad that such a thing could ever happen to an innocent little girl!
Those who committed such crimes should be executed! denying an innocent baby her rights to live a normal life by way thru rape, is the worst crime in my opinion.
Life imprisonment is not enough! Our laws should be reviewed and stricter punishment must be imposed on those insensitive swines!
_________________
For of all sad words of tongue or pen,
The saddest are these:
It might have been.
............
John Greenleaf Whittier

esia · Posted: Sat May 10, 2008 8:19 pm Post subject:

AK47,
I am of the same opinion that is why I asked laywers in this forum to learn about our current laws regarding this. This is so traumatic and inflicts severe psychological scars in this little girl. It will affect her form of thinking , robbing her previlege of growing up normally forever.
I believe if this was dealt with in our traditional means lo taem lo before.....taem no any lotu yet, this guys neck will be chopped off.

Ozzie · Joined: 07 Nov 2007 Posts: 47 Location: Australia

Is this victim (and her family) being offered any professional counselling? While punishing the perpetrator may help them feel vindicated, she and her family will suffer on-going trauma, and will need professional help. There are very few people in Solomon Islands at present equipped to do this.
I am also concerned that her parents be properly prepared for what effects the rape will have on the child in the future.

dakivolo · Joined: 06 Nov 2007 Posts: 89

Wantoks,

May I join you all in condemning such a horrendous act inflicted against an innocent little girl. What that "pai/chakuri" did is beyond one's comprehension. I empathise with this little girl’s parents for having gone through such a traumatic experience. Certainly, they need to undergo some professional counselling to help ease the emotional stress they went through. Unfortunately, this poor little girl will have a permanent scar in her life due to the distressing experience she went through.

Community/Village leaders should ensure that there is no place for such people in our society by setting high moral standards within their respective communities. I believe all Solomon Island communities hold certain cultural and religious beliefs/values against such immoral acts. The incident against this little girl may speak of communities with weak moral standards and puts into question the quality of leadership in communities where such people come from.

The man who committed such a crime against an innocent 3-year old child should be sentenced to life imprisonment, or better still be given the death penalty for putting a little child through such an inhumane experience.

Ghairasa · Posted: Thu May 29, 2008 8:39 pm Post subject:

Nara man lo ranogga too putim 4fala pikinini lo dota blo hem and meke 5 na lo bele this time.. Man yia lo costody lo gizo na this time we speak yia.. Taem ota askem hem hem say hem harvestim nomoa what hem plantim...hahaha..

dakivolo · Joined: 06 Nov 2007 Posts: 89

Response blo man lo Ranogga ia showen nomoa that hem no garem eni moral standards and values. He should be ashamed of himself!

Chala · Joined: 07 Nov 2007 Posts: 144 Location: Fiji

wantoks,

Its a sign of moral decay and loss of cultural and ethical values within societies. I'm not surprised cos there are people around in SI who are mentally unstable, intellectually impaired or deluded to the extent as to commit such crimes, and unfortunately we'll anticipate more of them.
Perhaps eternal incarceration and mental de-conditioning or even capital punishment is necessary for them.
_________________
One's Life is a journey in a world where one's destiny is influenced by one's surroundings

Ozzie · Joined: 07 Nov 2007 Posts: 47 Location: Australia

It is probably fortunate for Solomon Islands that this story has not attracted the attention of the world's media, considering the horror caused by the Austrian man who kept his daughter is a cellar, and had 7 babies by her. Was anyone else watching Australia's 60 Minutes last Sunday?