Rape case focuses on consent

A MAN, 21, who allegedly raped his girlfriend, 15, will have to prove in a National Court trial his argument that she had given her consent.
Committal Court Magistrate Paul Nii told Melford William, of Kumdi village in Banz, Jiwaka, that there was ample evidence to send the case to trial in the National Court.
“Whether or not the (girl) was forced and threatened by her relatives to say she was raped by her boyfriend, or she was shy to report the matter, are questions to raise when the evidence is tested (during the trial),” he said.
Magistrate Nii made his ruling based on the uncorroborated evidence of the girl.
“Whether the (girl) was raped or had given her consent, but (her) relatives forced her to say she was raped, are something for the trial court to (determine),” he said.
The allegation is that between 9pm and 10pm last July 18, at the Bushwara settlement, William grabbed the girl as she was heading home after having her shower, forced her onto the ground, removed her clothing and raped her.
Her parents found out about what happened when she arrived home, and reported the matter to the police.
William, through his lawyer, said he had been in a sexual relationship with the girl and had sex previously.
The court was told that the two kept their relationship a secret.
Magistrate Nii said: “It was also argued that there was no evidence to prove the age of the victim and the medical evidence provided did not support the allegation of rape on that day.
“The victim did not say anything about her relationship with William.”