Man in rape case let off

 By GABRIEL FITO

THE National Court in Lorengau, Manus, has acquitted a man charged with raping his elder brother’s wife.

Siwen N’Droas William of Buliham village was charged with one count of rape.

The court heard that on Dec 7, 2012, between 1pm and 2pm the accused allegedly raped the victim when she was alone in her house at Bulihan village. 

Her husband who is employed by Telikom as a security guard was at work when the incident occurred.

Justice Nicholas Kirriwom found William not guilty of rape after analysing arguments from both parties which showed that the woman consented to sex.

The accused told the court that the woman had consented and after they had sex, she changed the story and said she was raped.

“There was no evidence of resistance or protests or whether she put up a fight. There is no evidence that the accused used any weapon to arm or threaten her into submission,” Kirriwom said.

“There is no evidence that she ran out of the house crying rape for anyone nearby to see her.”

An examination by a community health worker on the victim proved the presence of spermatozoa but did not show any evidence of injuries on the body indicating resistance.

“The evidence before the court is not enough to convince me that this sexual encounter was not by consent or that rape is not faked because something may have happened either during or after sex and there was sudden change of mind.

“The onus is on the state to satisfy the court beyond reasonable doubt of the guilt of the accused. If the court has any doubt, it must give the benefit of the doubt to the accused. I do that in this case. I find the accused not guilty,” Kirriwom ruled.