‘Sex by consent with child can’t be sustained in court’

By BARBARA DERUAGE
The argument of engaging in sexual relationship by consent with a child under the age of 16 cannot be sustained in court as it is against the law, says a senior magistrate.
Magistrate Cosmas Bidar made this remark in the Waigani Committal Court when he committed George Pakoi, of Buin, in the Autonomous Region of Bougainville, charged with two counts of raping a 14-year-old girl in an abandoned casino building at 4-Mile in Port Moresby, to face trial at the National Court.
According to arguments presented by Pakoi’s lawyer David Kayok, from the Public Solicitor’s Office, the alleged offence which was committed on two occasions – July 15 and July 19 – last year at the same location, was an act done by consent between the parties. Bidar, however, stated that, Pakoi was not charged with a count of rape but “sexual penetration of an underage girl” and according to S.229 (a) of the Criminal Code Sexual Offences and Crimes against Children’s Act, consent was immaterial and not a defence against the allegation of sexual penetration of underage girls.
“In a charge of rape, consent can be used as a complete defence. In this case, even if the child agreed to such act, it is not a defence,” he said.
“The main issue in this case is the age of the child as it was not denied at the time the offence was committed that the girl was 14-years-old and by law she is incapable of being sexually penetrated at that age,” Bidar said.
The case was adjourned to Tuesday.