A man already serving a seven-year prison sentence for rape has been given an additional prison term after the Supreme Court of Tonga sentenced him for two further counts of serious indecent assault.
The rapist appeared before Justice Paul Garlick KC and pleaded guilty to two charges of serious indecent assault contrary to section 124(1) and (3) of the Criminal Offences Act.
He had earlier been sentenced in July 2025 to seven years’ imprisonment for rape by the Lord Chief Justice, partly suspended.
Because the earlier rape sentence had already been imposed and the suspended term activated, the Court said it needed to ensure the new punishment was fair, proportionate and reflected the totality of offending.
Offending
The Court was told that in count one, the man touched the complainant’s vagina without consent.
In count two, he kissed the complainant and put his tongue in her mouth. The judge described the behaviour as serious, deliberate and persistent despite the complainant telling him to stop.
The Court identified several aggravating factors, including that the offending was premeditated, involved the use of force and violence, caused both physical and emotional harm to the complainant, and was carried out without any genuine remorse.
The judge also noted that the offender committed these acts while already serving a prison sentence for another sexual offence.
Although prisoner is only 20, had cooperated with police and pleaded guilty early, his previous criminal history included convictions for assault, housebreaking, theft and rape
Justice Garlick KC said that if these offences had been sentenced independently, the appropriate term would have been two years’ imprisonment, partially suspended.
However, because the offender was already serving a seven-year sentence for rape, the Court said it needed to ensure the overall punishment remained proportionate. It therefore imposed six months’ imprisonment on the first charge and three months on the second.
The terms will run concurrently with each other but consecutively to the existing seven-year rape sentence.
The Court also ordered that no material may be published that could identify the complainant, including on social media.
The sentence was delivered in Nuku‘alofa on 8 October 2025.
