BY ESTHER NURIA
WITH the startling rise in rape cases in the country, the Solomon Women Newspaper has taken the initiative this week to forward questions to one of the Organizations, who have chosen to withhold their name, regarding the high number of rape cases in the country and the legal aspects of this widespread problem.
Questions and Answers on “Statutory Rape”
Solomon Women Newspaper (SWN): What is Statutory Rape?
ANSWER (A): SEXUAL intercourse by an adult with a person below a statutorily designated age. The criminal offense of statutory rape is committed when an adult sexually penetrates a person who, under the law, is incapable of consenting to sex.
Minors and physically and mentally incapacitated persons are deemed incapable of consenting to sex under rape statutes in all states.
These persons are considered deserving of special protection because they are especially vulnerable due to their youth or condition. In relation to Solomon Islands (Islanders Marriage Act s10 (1) (2)) legal age for marriage is 15 years. Penal code s142 (Defilement of girl under thirteen (13 years) of age)
SWN: What if the person under 15 wants to have sex?
A: It is illegal for person under 15 to have sex.
SWN: What if I am under 15 and want to have sex?
A: In relation to Solomon Islands (Islanders Marriage Act s10 (1) (2)) legal age for marriage is 15 years. Penal code s142 (Defilement of girl under thirteen (13 years) of age). Therefore attempts to have sex under 15 years of age are illegal.
SWN: What if I don’t know that the person I had sex with was under 15?
A: It’s a defense in defilement cases, that the person so charged had reasonable cause to believe and did in fact believe that the girl was or above the age of 15 years.
What exactly is “sexual intercourse” and “unnatural sexual intercourse?” Penal code defines “sexual intercourse” as penile penetration of the vagina. What if both people having sex are under 15? It’s a private matter and it depends if someone report the case.
SWN: Do our Police actually charge people with this crime?
A: Police charge people with crimes on reported cases, no report of cases no charge.
SWN: Is this law the same in every country?
A: Some of the laws are similar and some of the laws are different.
SWN: I have been raped. What should I do?
A: If it’s really recent go to a hospital or nearby clinic and tell the nurse/doctor in charge what had happened so they can medically examined you and get a medical report for evidence purposes in court. And then report the case to a police. Or if that rape happened a while ago you can still report it to the police.
SWN: Any advice you wish to share with our readers?
A: If you think or know that you have been raped, someone had done you wrong please report it instantly to the responsible authority.
