A teenager who raped a 12-year-old girl on two occasions in October last year has been sentenced to 3 years and 4 months’ imprisonment.

The young man, now 17, was in Year 8 when he raped the young girl twice at her grandmother’s house. He took her into her grandmother’s room and locked the door. He then told her not to tell anyone about what happened.

He admitted his actions upon being cautioned. According to the verdict dated April 11 of 2025, he told the probation report writer that he was not aware it is against the law to have sex with an underage female.

The defendant pleaded guilty to two charges of unlawful sexual intercourse contrary to section 97 (1) of the Penal Code [CAP135]. The maximum penalty for this offence is life imprisonment.

After considering the aggravating factors and past similar cases, Judge Maree A. MacKenzie of the Supreme Court gave the defendant a sentence starting point of 8 years’ imprisonment.

His sentence was reduced by 2 years and 8 months for his early guilty plea. It was reduced again by 2 years for factors, such as being remorseful, co-operation with the police, and having a good family and community support.

The defendant’s lawyer submitted that the sentence should be suspended, but the judge declined the request.

Judge Mackenzie stated in the verdict: “As the Court of Appeal said in Public Prosecutor v Gideon (2002) VUCA 7, and Public Prosecutor V Scott (2002) VUCA 29, it will only be an extreme or exceptional case that suspension could ever be contemplated in a case of sexual abuse. In Public Prosecutor V Tulili (2024) VUCA 54, the Court of Appeal said that the Gideon and Scott principles concerning suspension remain applicable even when an offender is young.

“I acknowledge that in sentencing relatively young offenders, reform and rehabilitation are important sentencing principles. Further, that Article 37 of the United Nations Convention on the Rights of the Child applies in Vanuatu, so that imprisonment of a child should be used only as a matter of last resort. But as the Court of Appeal said in Tulili, the Convention is also concerned with the protection of children from sexual abuse.

“… I accept that you (the defendant) are a first time offender, relatively young, remorseful, willing to complete a custom process, and were co-operative with police. However, this is serious offending. You took advantage sexually of a vulnerable female on two occasions. There was a degree of premeditation involved. In the present case, important sentencing principles to be weighed include not only rehabilitation, but deterrence, denunciation, and the interests and protection of the victim and children generally, and also consistency.”

Judge Mackenzie said the defendant’s age, clean record, cooperation with police, and willingness to complete a custom process were not enough to be seen as exceptional circumstances, having regard to Gideon, Scott and Tulili.

The defendant has been in custody since October 22 last year, so his sentence will be backdated to that. He was also given 14 days to appeal the sentence.


SOURCE: VANUATU DAILY POST