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Republic v Kaurake [2004] KIHC 74; Criminal Case 06 of 2004 (8 April 2004)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

Criminal Case No. 6 of 2004

THE REPUBLIC

vs

TEITINIMAN KAURAKE

For the Republic: Ms Ruria Iteraera
For the Accused: Ms Taoing Taoaba

Date of Hearing: 8 April 2004

SENTENCE

Teitiniman Kaurake: you have pleaded guilty to a very serious crime of rape and criminal trespass.

On 24 May 2003 at Makin Island at about 4 o'clock in the morning you were trespassing on the victim's house who was asleep together with her husband inside their mosquito net.

I am told that before you raped the victim you were fully drunk. You had been drinking from about 5 pm on 24 May 2003 till 4 am in the next day. And at 4 am you were returning home and on your way home you trespassed on the victim's house, entered the mosquito net where the victim was asleep with her husband and raped her. The victim felt you when you had sexual intercourse with her but she thought you were her husband except when she touched your body and head that only then she realised you were not her husband. In the meantime her husband was lying in the mosquito net fast asleep. She woke him up and then he pulled you off his wife, threw you out of the mosquito net, fought you and sent you away.

You are 25 years old. The victim is 27 years old. The husband of the victim I am told, is 21 years.

In your favour is the fact you had never been in trouble with the law before. In fact you are a first offender. You had also apologised to the victim and her husband and family and I am told that the victim and family have accepted your apology. The aggravating factors in your situation however are that you had dared to interfere into what an I-Kiribati considers to be a sacred relationship between a husband and wife. Not only that but you had also dared to do the very act in the very privacy of the victim and husband's home at night at 4 o'clock in the morning.

Your counsel suggests that you be given a suspended sentence. I disagree as what you had done is not only very serious at law but that it is also very serious at I-Kiribati customary law in that a married woman is considered to be a very special and sacred person to be respected and honoured when dealing with her. One doesn't respect and honour a married woman when one enters her home while sleeping together with her husband and then raped her because one was drunk as you said you were. In any case you couldn't be that too drunk as you were capable to rape the woman and had your orgasm.

I am told that raping a married woman in Kiribati is rare to occur and for the last couple of years there is only one similar case to your case which had happened. Perhaps you had invaded the privacy of victim's home because the husband is younger than you.

Taking everything together into account I consider the appropriate penalty in your situation is a custodial sentence. I therefore sentence you as follows:

(a) For Rape: Imprisonment for a term of 6 years

(b) For Criminal Trespass: Imprisonment for a term of 4 months

As the offences committed were part and parcel of one transaction the sentences shall be executed concurrently.

Dated the 8^th day of April 2004

THE HON MR JUSTICE MICHAEL N TAKABWEBWE
Judge