A man found guilty of raping his girlfriend’s younger sister has been jailed for four years and eight months.
The name of the victim and details that could lead to her identification have been suppressed by Justice Tafaoimalo Leilani Tuala-Warren.
Fatumanavaupolu Ofisa Tagaloa appeared on behalf of the Prosecution while Leiataualesa Komisi Koria was the defense counsel.
According to the police summary of facts, the incident occurred on 17 July 2016.
The accused Taseni Tarzan Savea told the court that on the day of the offending he had drank a large bottle of vodka with some friends.
He then went to his girlfriend’s house and assumed that the girl lying on the bed was his girlfriend.
He had sexual intercourse with her without realizing that it was his girlfriend’s younger sister.
According to the victim’s impact report, the victim was just 14 years old at the time.
“She said this is first time she had experienced something like that and that she had cried because of the pain she went through.
“She was scared that night and wanted to tell her father however she was afraid that her father would beat her up.
“At school she has been affected as the other students talk about her and she felt very embarrassed.
“Now she has found the strength to move on and the incident no longer bothers her. She’s feeling normal and that everything is going well.
“She also confirms in her report that the parents of the accused had visited her parents and apologized to them which her parents had accepted it.”
In reading out the aggravating features of the crime, Justice Tafaoimalo said the offending occurred inside the home of the victim where she should feel safe.
“I take into account the age of the victim she’s 14 years old the second one is the age between the victim and the accused as he is 28 years old and she is 14 years old,” said Justice Tafaoimalo.
“In carrying out the offense the accused unlawfully entered the victim’s home.
“This is an aggravating feature where the victim was in her home where she should feel safe and protected and where she was sleeping in the safety of her own home.
“She was also in pain on the night of the offense and she has suffered from humiliation fortunately she said she had moved on.”