Nuku’alofa, Tonga — A teenager convicted of indecently assaulting his 12‑year‑old cousin has been sentenced in the Supreme Court to 12 months’ imprisonment, fully suspended for two years.
The defendant, referred to as K.B to preserve anonymity, was found guilty after a three‑day trial of seriously indecently assaulting a minor by touching her breasts without consent.
The court heard the offending took place in June 2024 at a family home in Pahu, Tongatapu, where both the victim and the defendant lived with extended family.
At the time, the 12‑year‑old girl was caring for her toddler cousin in a bedroom while other adults were elsewhere in the house.
The defendant entered the room, removed the toddler, and pushed the girl onto a bed before blocking her attempt to leave and indecently assaulting her.
The incident was interrupted when another adult entered the area, prompting the defendant to release the victim.
The matter was later reported to police.
Court Condemns Breach of Trust
Justice Petunia Tupou KC described the offending as serious, noting the victim’s young age and vulnerability.
The judge emphasised the breach of trust within the family, particularly given the close kinship relationship between the defendant and the victim.
The court also highlighted the violation of cultural values, noting the “sacrosanct taboo” governing relationships between male and female relatives.
A victim impact report revealed the young girl continues to experience emotional trauma, including flashbacks of the incident.
She was forced to withdraw from a youth group after encountering the defendant and has not forgiven him for the offending.
The court also noted the personal cost of the trial process, including disruptions to her education.
Defendant Denied Wrongdoing
Despite being convicted, the defendant maintained his innocence throughout the proceedings.
Justice Tupou rejected claims by the defence of a “cultural apology,” noting there was no evidence of any apology made directly to the victim.
The judge said the defendant’s stance demonstrated a lack of remorse.
The court took into account the defendant’s age, lack of previous convictions, and strong support from community leaders and school officials, who described him as responsible and of good character.
He is currently a senior secondary student and holds a leadership role at his school.
The court also noted his prospects for rehabilitation.
No discharge without conviction
The defence had sought a discharge without conviction, arguing that a conviction could affect the defendant’s future education and career prospects.
However, Justice Tupou ruled that such an outcome would not reflect the seriousness of the offending or the need for deterrence.
The defendant was convicted and sentenced to 12 months’ imprisonment, fully suspended for two years.
Conditions include:
- Probation supervision
- No contact with the victim
- Staying at least 200 metres away from the victim
- Completion of a life skills programme
- 80 hours of community service
He was also warned that breaching any condition could result in serving the sentence in full.
The judge ordered strict suppression of any details that could identify the complainant, emphasising the need to protect the young victim.
