Tanna man acquitted of rape

Mar 18, 2026 | News | 0

The Supreme Court has acquitted a man charged with rape after finding that the prosecution failed to prove the case beyond reasonable doubt.

Judge Oliver Abraham Saksak Oliver delivered the written decision on Monday, confirming an earlier oral ruling made at the end of the trial.

The defendant, John William of Imae village on Tanna, had been charged with one count of sexual intercourse without consent under sections 90 and 91 of the Penal Code Act (Vanuatu).

He pleaded not guilty to the charge.

The trial took place last week before Judge Saksak, with Lenry Young appearing for the Public Prosecutor and Harrison Rantes representing William.

During the trial, the prosecution called one witness, the complainant who told the court that the incident occurred at her home in 2023.

She alleged that the defendant forced her to have sexual intercourse with her. She later reported the incident to her father and to police.

Under cross-examination, the complainant acknowledged that the defendant had asked her for sex while they were in the kitchen area, which had no door.

William, giving evidence in his defence, maintained that the encounter was consensual and denied forcing or threatening her.

Judge Saksak noted that the defendant admitted that sexual intercourse had taken place, leaving the main issue for the court was to determine whether there was consent.

In assessing the evidence, the judge found the defendant’s account more credible and said the complainant’s evidence had been weakened during cross-examination.

The judge ruled that the prosecution had not proved beyond reasonable doubt that sexual intercourse occurred without consent or that the defendant lacked a reasonable belief that the complainant had consented.

“The evidence does not establish force, threats or intimidation,” the judge said.

The court returned a verdict of not guilty and ordered William’s immediate release from custody.

The written judgment was issued at Isangel on Tanna.

SOURCE: VANUATU DAILY POST

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A prison sentence is not a child protection plan The Ministry argues that reports of criminal convictions reveal much less about what happens to the children themselves after abuse is discovered. “The cases reported in the newspapers tell us something about how Vanuatu’s criminal justice system responds to child sexual abuse. But they tell us much less about what happens to the children themselves,” MOJYCS says. Referring to the five-year-old girl whose father was sentenced for sexually assaulting her, the Ministry says the court’s decision explains the consequences for the perpetrator but does not establish what protection was put in place when the abuse came to light, whether other children were at risk or what support was available to help her recover. These questions, the Ministry says, are just as important as the criminal prosecution. The MOJYCS describes a situation in which a girl tells her teacher that someone at home has been sexually abusing her. She is frightened to return home, her mother may be financially dependent on the perpetrator, and younger children in the household may also be at risk. “The police can investigate the crime. But who assesses whether she is safe to go home that afternoon? Who helps her family find a safe way forward? Who ensures she receives medical care, counselling and ongoing support? And who follows up to make sure she remains safe?” the Ministry asks. “These questions cannot wait months or years for a criminal trial to conclude.” Vanuatu already has laws criminalising rape, incest and other sexual offences. Police, prosecutors and courts play an essential role in investigating crimes and holding perpetrators accountable. However, the MOJYCS says criminal investigations and child protection responses serve different purposes. “A criminal investigation asks whether an offence was committed and who is responsible. A child protection response must ask a different, equally urgent question: is this child safe, and what needs to happen now to protect them?” the Ministry says. “Protecting a child must begin when abuse comes to light, not when a perpetrator is convicted.” The Ministry says this is why the proposed Child Protection Bill matters. The Bill seeks to establish a stronger legal framework for protecting children at risk of abuse, neglect and exploitation. It would establish clearer reporting responsibilities, strengthen the authority of child protection officers to assess and respond to abuse, and provide mechanisms for emergency protection, court orders and safe alternative care. The MOJYCS says these measures would establish clear responsibilities and provide the legal authority needed to intervene when a child is in danger. “A child who discloses sexual abuse needs more than a police investigation. That child needs to be safe tonight, tomorrow and in the months and years that follow,” the Ministry says. Parliament has an opportunity to act The MOJYCS recognises that families, chiefs, churches and communities all have important roles in protecting children. However, it says informal arrangements and goodwill are not always enough when abuse occurs within a family or community. Children need a system with clear legal responsibilities, trained professionals and the authority to intervene when their safety is at risk, the Ministry says. It also cautions that legislation alone will not end child sexual abuse. A strong Child Protection Bill must be backed by trained child protection officers, accessible services, effective referral pathways and sustained investment, including in rural and remote communities. Without these investments, the MOJYCS warns, the promise of stronger legal protection risks remaining just that — a promise. For children experiencing abuse, the Ministry says, the issues are not abstract questions about legislation or government responsibilities. They concern immediate safety, dignity, care and recovery. The MOJYCS says a child’s access to protection should not depend on where they live, whom they know or whether someone happens to be available to help when they disclose abuse. “To the MPs who will consider the Child Protection Bill this month: the children behind these headlines deserve more than our concern. They deserve action,” the Ministry says. “Vanuatu cannot undo the abuse these children have suffered. But it can decide what happens when the next child comes forward. “Pass a strong Child Protection Bill. Commit the resources needed to make it work. And ensure that when a read more…

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