A 17-YEAR-OLD male who confessed to having unlawful sex with a 12-year-old girl last August in Choiseul Province has been sentenced to one year imprisonment.
The juvenile, who could not be named for legal reasons, has pleaded guilty to one count of Having Sexual Intercourse with a Child under 15 years.
This is contrary to section 139(1)(a) of the Penal Code (Amendment) (Sexual Offences) Act 2016.
The juvenile was sentenced on Friday 22 August during the High Court Circuit in Gizo, Western Province.
High Court Judge Ronald Bei Talasasa Jnr, when imposing sentence on the juvenile, noted that in this case the offender asked the child and the child agreed.
“The offender should have known that this is a child and should have refrained from doing what he did.”
Judge Talasasa Jr added that it is an accepted principle by courts that juvenile offenders are to be treated differently from adult offenders.
He said in this case, it is not a contested case or forceful sexual assault but a case of having sexual intercourse with a child.
Judge Talasasa Jr acknowledges the seriousness of the offence and noted it is one of the many similar cases involving various age groups.
He expressed concern that young people, including the offenders, are committing such crimes, and emphasized that offenders must face consequences for their actions, regardless of their age.
“I note that given the experiences this country is going through involving young people, I am of the view that no longer should young offenders hide behind the cloak of youthfulness.
“Every child or young person that comes to court must be prepared to face the consequences of his actions, if found guilty,” Judge Talasasa Jr said.
He sentenced the juvenile to 1 year in prison, taking into account, the aggravating features, mitigating factors and the guilty plea.
Judge Talasasa Jr also requested separate accommodation for the offender, away from adult prisoners.
The incident began when the victim, who is a grade six student, was sitting in a dining hall with her baby brother.
Her uncle Lorry and the defendant approached her and her uncle informed her that the defendant had romantic feelings for her.
On a later night of August 2024, the victim visited her other sick uncle in another village.
The defendant approached her beside a small playing field near her aunt’s house and expressed his desire to have sex with her.
The victim agreed and they walked to a nearby kitchen where they had sex.
After the incident, they walked back together. The victim went to her uncle’s house, while the defendant returned home.
Defence counsels Stanley Aupai and Tracy Aisa represented the defendant, while Public Prosecutors Myrella Cleven and Patrick Dixion appeared for the Crown.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
