The Supreme Court has found a 36-year-old man from Tanna guilty of raping his elderly grandmother at her home last year.

The court heard that the victim was sleeping in her kitchen on the night of Chiefs Day when her grandson, referred to as the defendant, forced her into her sleeping house and sexually assaulted her.

The defendant’s defence claimed the act was consensual, alleging that she had invited him to come to the kitchen that evening.

The victim gave her evidence in a closed court and denied the defence’s claim. She described struggling and experiencing pain and bleeding during the assault. She also explained that she had not consented to the act because of their family relationship.

In his written submissions, the defence lawyer questioned the victim’s credibility, pointing to inconsistencies in her evidence regarding dates, who was present, and the timing of reporting the incident. However, Judge Maree MacKenzie said these inconsistencies did not affect the reliability of her testimony.

The judge rejected the defendant’s claim that the sexual encounter was consensual, describing it as implausible. “The victim is his grandmother, and he is younger and physically stronger than her. Her account that she felt ashamed because they are family had the ring of truth,” the verdict read.

The judge concluded that the victim did not freely consent and that the defendant forced the act. “There was sexual intercourse, but she had no agency in the situation. A reasonable person in the defendant’s position could not have believed she was consenting,” the verdict stated.


SOURCE: VANUATU DAILY POST