A MAN from Buka was found guilty by the National Court for raping a mentally retarded woman.
During National Court sittings in Buka recently, Justice David Cannings, when handing down the verdict of Philip Nagoe, said he was satisfied beyond reasonable doubt that the complainant had a serious mental disability.
This, he said was a circumstance of aggravation under Section 349A (g) of the Criminal Code and that the State had proven its case under Sections 347(1) and (2) of the Criminal Code.
The court heard that the offence was allegedly committed at Kutubuta village, Buka Island, between 3am and 6am on Feb 23, 2004.
Nagoe had been drinking with a friend when the woman walked past them, where he proceeded and raped the woman.
She was 20-years-old at the time, and because she was mentally retarded, she did not give evidence during trial.
The State produced a witness who said she saw what happened.
The friend of the accused, with whom he had been drinking with, plus a number of other witnesses including family members and medical staff, were also called up to testify.
“This is quite a rare rape case, as the complainant did not give evidence but the court has been presented with an eyewitness to the incident, who has given credible evidence,” the judge said.

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