Victim’s age delays court hearing

By JAYNE SAFIHAO
THE age of a sexual penetration victim at the time of the alleged offence is now an answer the Madang National Court is awaiting.
At a pre-trial review yesterday, the case was described as “unusual” by resident Judge David Cannings.
This was due to the argument presented by the defence claiming the accused, Damien Kari, had no knowledge that the victim was under-age at the time of the alleged offence.
The lawyer representing the accused, Donald Joseph of Paraka Lawyers, said in his submissions: “The accused doesn’t deny that sexual penetration took place. He says it was a consensual relationship despite the age gap which he was not aware of at the time.
“The accused believed without reasonable doubt that she was above 16 (years old) when she consented.”
Kari, 34, on Oct 7 last year at about 8am, invited the victim who was said to be 14 then, into his home where he lived with his wife and children.
The court was told that under the pretext of asking the victim to fetch his laptop in the room, he entered after her and forcefully removed her clothes and penetrated her.
The wife happened to appear at the house around that time and forced open the door and found the couple in the room. The court was told that the wife stabbed the victim three times on her head and once on the face.
The prosecution argued that the victim was under the age of 16 at that time although there were no documents to prove it.
Cannings ordered the prosecution to find out the victim’s age from her biological mother. The case has been adjourned.