A 60-year-old man has been jailed for unlawful sexual connection with a 12-year-old girl. Logoimamao Seve was found guilty of sexual connection and indecent acts following a trial before Justice Vui Clarence Nelson.

Justice Vui suppressed all details that could lead to the identification of the 12-year-old victim, who is a neighbour of the 60-year-old defendant. 

The Court heard that the girl was sent by her mother to the rear of their family property to fetch a “lapalapa.” It was there she encountered the defendant who sexually assaulted her by touching her inappropriately. 

The Court was told that the defendant was disturbed by the complainant’s uncle who had been sent to look for the complainant. 

“His trial evidence was according to what he saw it appeared the young girl was consenting to what the defendant was doing,” Justice Vui’s ruling said.

 “Consent however is no defence by law to this kind of offending and it is questionable how far a twelve year old is capable of consenting to such actions by the older more experienced defendant who has children of his own.

“A medical examination later that day found abrasions on the inside of the complainant’s private part consistent with a sexual assault.” 

Justice Vui noted the position in relation to such offending by mature male adults on young females should by now be well-known to all.

 It is invariably a pathway to prison. 

“There is no question a penalty of imprisonment is necessary in this case considering the very young age of the victim, the age difference between the victim and the defendant, the special vulnerability of the victim who was alone in a bushy area at the rear of the family property on an errand for her mother.

“And the need for the court to continue to issue imprisonment penalties in appropriate cases. 

“Weighed against that is the suggestion that some if not all the acts were consensual as testified to by the complainants uncle.

“Defence counsel has properly conceded to the prosecution submission that an imprisonment penalty is required. 

“But the court does not accept counsels agreed start point of twelve months imprisonment, considering the girls very young age of twelve. 

Justice Vui noted that considering all these factors the court will instead adopt a two year start point for sentence.” 

Justice Vui said there has been no apology or reconciliation as noted in the pre-sentence report and “you electing to send this matter to trial means you cannot be given the benefit of the guilty plea. 

“It also demonstrates your lack of remorse as reinforced by your continued protests of innocence to the probation office recorded by them in the pre-sentence report. 

“There are therefore no other factors in mitigation that require an adjustment to your sentence.

“On the charge of unlawful sexual connection convicted and sentenced to eighteen months in prison and one the second charge of indecent act convicted and sentenced to six months in prison which to be served concurrently.”