A MAN who forced a young man and his girlfriend to have sex and then took videos of them last November, which went viral on Facebook, has been sentenced to 17 years in prison.
Charles Manaba, 26, was sentenced after he pleaded guilty to one count of Compelled Sexual Intercourse under the Penal Code Act (Cap 26) as amended by Penal Code (Amendment) (Sexual Offences) Act 2016.
Judge John Keniapisia in his sentencing remarks on Thursday said he gave a high custodial sentence because the circulation of nude pictures on internet is a serious and easy sexual abuse crime to commit these days with the use of technology and mobile phones.
“And anyone planning to engage in such easy sexual abuse crime with an intention to distribute nude pictures for public viewing on the internet with knows that the Courts will come hard on them in terms of hefty custody sentence terms.
He added that the Courts will condemn such illicit activities.
Judge Keniapisia also added that the admitted facts for this case disclosed peculiar, alarming, and novel type of sexual abuse.
He said that this may be the first of such extreme case or worst case of sexual abuse to be dealt with since the 2016 Act came into force.
“It certainly is the worst case abuse under section 136 G (a) (b) of the 2016 Act, I have ever come across doing criminal work since 2022,” Judge Keniapisia said.
He said Solomon Islands is no longer the same as it used to be 50 years ago, when he was growing up as a child.
Judge Keniapisia added that with the advent of society changes and in view of internet technology, we will expect to see the emergence of new types of sexual abuses, like this one.
“And when this happens, the Court must be robust in its sentencing responses to instill a message of deterrence.
“The public will know that circulating of nude pictures on the internet for public viewing is condemned in the strongest term.”
The court had heard that on 19 November 2023, between 3pm and 4pm, the complainants aged 23, and 20 who are boyfriend and girlfriend met in town and walked up the hillside of Forum Fisheries Agency (FFA) in Honiara.
Upon arrival on the hill, they sat amongst tall grasses and began telling stories to each other.
As they were telling stories, they suddenly saw Manaba standing on the other side of the fence where an opening was cut through the fence.
Manaba was angry at them and spoke angrily at them whilst at the same time walked towards them through the opening of the fence.
He told the complainants to the effect,” You do not know that I look after this area. You are trespassing. I lose money on this area. If you damage any property, it will cost me money.”
Manaba took the female complainant’s bag and removed all its content including a mobile phone.
He then took out a pair of scissors from his trousers pocket and threatened them by saying they must follow what he tells them to do or he would kill them.
The court heard Manaba forced them to remove their clothes and then forced them to have sex which the complainants did out of fear.
Whilst they continue to engage in the sexual act, Manaba who was standing about 3 to 4 meters away from them video-recorded them.
The female complainant was very scared and cried pleading for her boyfriend’s safety when Manaba told them to continue with the sexual act.
At one point, it was heard; Manaba rang another person and told the person to come to them.
Not long, the other person arrived at the scene and Manaba told the other person to take the female complainant into the bush and have sex with her.
The other person went and took the female complainant, led her into the bush and has sexual intercourse with her.
He then told complainants to wear their clothes and he saved the videos he recorded on the phone that he used to record with.
At around 4pm and 5pm, Manaba arrived at his place of residence and showed the video clips of the complainants to people in his neighbourhood.
Manaba then uploaded the video clips on Facebook chat group called “Choipo Crew.”
The video clips that clearly identifies the complainant’s face went viral all over Facebook and many people viewed it on internet
The complainants were traumatized from this incident and had to undergo professional counseling at the Family Support Centre.
Judge Keniapisia described Manaba’s action as stupidity in the highest degree.
“This is the worst aspect of the offending because the public was put to consume nude sexual pictures of the two complainants who were forced to do something they would not otherwise do.
“And people not knowing about the background would conclude that these two young complainants were out of their minds to be doing this on video and circulating to the public for viewing.”
Delilah Kukura from the Public Solicitor’s Office represents Manaba whilst Public Prosecutor Letiara Pellie appeared for the Crown.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
