Man guilty after teenage girl rescued from attempted rape outside church

    A man has been found guilty of attempting to rape a 19-year-old girl in an attack which left her sweating, crying and tired inside a car outside a church in Kolomotu’a.

    Police were working on a vehicle near the scene when they heard someone repeatedly shouting for help.

    They immediately attended to the call and found the accused and the victim inside the accused’s car.

    One Police officer saw the accused, Ma’ili Vaivelata grabbing one hand of the victim and had his other hand on her chest like they were wrestling, it said.

    “He went to the car and saw the girl was crying”, the judgement said.

    The victim asked him for help saying the accused was forcing her.

    But Vaivelata whom the Police officer knew said “that nothing happened.”

    The Supreme court was told that on the night of October 6, 2016 the victim went to the Digicel square with some friends looking for a lift to take them to Ma’ufanga.

    They met Vaivelata who was sitting in his car which was parked under a mango tree.

    At one stage, the accused and the victim along with friends of the victim drove to Talahiva restaurant in Nuku’alofa to buy food.

    The victim’s friends got out of the car to get food while the victim was staying in the car with Vaivelata.

    The court was told “they had been waiting for a long time and she was surprised when the  vehicle started running.”

    The victim and Vaivelata argued over the gear of the vehicle and they almost had an accident, it said.

    They stopped outside the church before Vaivelata attempted to rape the victim.

    The incident took place for about five minutes before Police had arrived.

    The accused denied any sexual misconduct and said the victim was lying.

    However, Justice Charles Cato said: “I accept her evidence beyond a reasonable doubt that the accused had removed his pants and that could only be because he intended to have sexual intercourse with her which he knew she did not want.

    “His actions went beyond mere preparation.”

    “I find beyond a reasonable doubt the accused is guilty of attempted rape”, Mr Cato said.

    1 COMMENT

    1. Naʻe halaia ha tangata ‘i ha’ane feinga ke tohotoho’i ha ta’ahine ta’u 19 ‘i ha ‘ohofi ne iku tauta’a, tangi mo helaʻia ai e fefiné ni ʻi ha loto kā ʻi tuʻa ʻi ha ʻapi siasi ʻi Kolomotuʻa.

      Naʻe ngāue atu ʻa e kau polisí ki ha meʻalele kehe ia ofi ʻi he feituʻu ko ʻení mo ʻenau fanongo ki ha toutou ui tokoni.

      Ne nau aʻu atu ʻo vakai e uí mo fakatokangaʻi e tokotaha tukuakiʻí mo e taha mamahí (vikitimá) ʻi loto he kā ʻa e taha feinga tohotohó.

      Naʻe sio atu ha taha e kau polisí naʻe puke nima taha ʻe Maʻili Vaivelata ʻa e vikitimá kae ala hono nima ʻe tahá ʻi hono fatafatá hangē naʻá na fangatuá, ko e lau ia ʻa e tuʻutuʻuni fakamaauʻangá.

      Naʻe aʻu atu ʻa e polisí ki he kaá ʻo ne sio ʻoku tangi ʻa e taʻahiné, ko e lau ia ʻa e tohi tuʻutuʻuni ʻa e fakamāú.

      Naʻe kole ange leva ʻa e vikitimá ha tokoni mo ne tala ange naʻe fakamālohiʻi ia ʻe Vaivelata.
      Naʻe tala ange ʻe Vaivelata ʻa ia ʻoku ʻilo pe ʻe he polisí ʻa e tangatá ni ʻo ne pehē ne ʻikai ha meʻa ia ʻe hoko.

      Naʻe fakahā ki he Fakamaauʻanga lahí ʻi he poʻuli ʻo e ʻaho 6 ʻOkatopa 2016 ne ʻalu ai ʻa e mamahí mo hano ngaahi kaungāmeʻa ki he Digicel Square ko e kumi ha meʻalele ke ʻave kinautolu ki Maʻufanga.

      Naʻa nau fetaulaki mo Vaivelata ʻoku tangutu pe ʻi heʻene kaá ʻa ia ne tau ʻi ha lalo mango.

      Ne iku ʻi ha tuʻunga ʻe taha ke nau ō ai mo Vaiveleta heʻene meʻalelé ki he falekai Talahivá ʻi Nukuʻalofa ke fakatau meʻakai.

      Ne hopo heni ʻa e ngaahi kaungāmeʻá ke ʻomai ha meʻakai ka e nofo pe ʻi kā ʻa e mamahí mo Vaivelata.

      Naʻe fakahā ki he fakamaauʻangá naʻe fuoloa ʻena talí pea ʻohovale pe mamahí kuo lele e meʻalelé ia.

      Naʻe tauhamu ai heni ʻa Vaivelata mo e mamahí he kia ʻo e meʻalele ʻo na mei ʻekisiteni.

      Naʻá na tuʻu ʻi tuʻa he fale lotú kimuʻa pea feinga ʻa Vaivelata ke tohotohoʻi ʻa e mamahí.

      Naʻe hoko ʻeni ʻi ha miniti nai ʻe nima ki muʻa pea fou atu ai ʻa e kau polisí.

      Naʻe fakaʻikaiʻi ʻe Vaivelata haʻane feinga ʻe taha he mamahí mo ne pehē ko e fakamatala ʻa e vikitimá ʻoku loi.

      Neongo iá naʻe meʻa ʻa Fakamaau Charles Cato ʻo pehē ʻoku tui ia taʻetoeveiveiua ki he ngaahi fakamatala ʻa e mamahí mo e fakamoʻoni ʻa e kau polisí ki he meʻa naʻe hokó.

      Naʻe vete fakamālohiʻi ʻe Vaivelata ʻa e talausese ʻo e mamahí pea naʻe mahino ʻa e taumuʻá ko e ʻai ke na fakaepoʻuli ka naʻá ne ʻosi ʻilo pe ne ʻikai loto ki ai ʻa e mamahí.

      Ko ia ai naʻe pehē ʻe Cato ʻoku ʻikai toe veiveiua ʻene ʻilo kuo halaia ʻa Vaivelata ki he hia ko e feinga tohotoho.

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