A man has been remanded after the court found him guilty for raping a mother of three while her husband was remanded in custody.

All the way up to the trial, the offender claimed that the encounter was never a rape as it was consensual, meaning the mother was a willing participant.

Justice Dudley Aru found Romeo Kalran Avock guilty of rape.

Avock’s criminal action on the mother of three occurred after his demand for sexual favour was refused.

Justice Aru said that at the time of the offending, Avock was residing with his father and the complainant was with her three children also at the same area not far, planting food crops in their garden.

The complainant’s husband had been remanded in custody at that time and she had little means to support her family therefore she turned to gardening.

Before the trial Justice Aru said that Avock is not required to prove his innocence but the prosecution bears the onus to prove his guilt beyond reasonable doubt.

It was agreed that Avock did have sexual intercourse with the complainant on the evening of November 16, 2018.

The judge said that the only issue in dispute is consent and the prosecution must prove that sexual intercourse occurred without the complainant’s consent. Second, it must prove that Avock did not have a reasonable believe that the complainant was consenting to sexual intercourse.

The evidence given by the complainant in chief and when cross examined is that the defendant initially came to her place during the day and asked for tobacco but she said that had none.

He then made the attempt to ask for sexual favour but the victim said nothing and he left.

Later in the evening he returned to her place when all the children were asleep and called her out of the house.

Evidence showed that Avock asked her four times but each time her reply was an emphatic ‘no’.

Avock then held her neck and after a while he held her hands, he forcibly removed her clothes and raped her.

After committing the heinous act, Avock ran back to his house forgetting his pants that was later used against him in court.

Justice Aru said that the next day the victim left the house with her children to report the matter to the police in Luganville.

Upon the trial Avock was convicted and remanded awaiting sentence.

SOURCE: VANUATU DAILY POST