A Digest of Case Law on the Human Rights of Women - Asia Pacific ...

CEDAW
Pacific Islands: Kiribati
General Recommendation 19
Violence Against Women
Sexual Violence
The Republic <strong>of</strong> Kiribati (Prosecution) v Tieta Timiti & Rabaere
Robuti (Defendants)
HCCrC 43/97
High Court <strong>of</strong> Kiribati
17 August 1998
Lussick CJ
<strong>Law</strong>s and International Instruments Considered
CEDAW 1979;
Kiribati Constitution 1979, Sections 3, 15;
Kiribati Penal Code Cap 67, Section 128.
This case considers whether the rule <strong>of</strong> corroboration in Kiribati rape law discriminates
against women. The Court was asked to consider whether the corroboration rule is
contrary to the provisions <strong>of</strong> the Kiribati Constitution 1979 [“the Constitution”] and
international conventions such as CEDAW.
The complainant, a food seller at the local market, was owed money by the two
defendants, Tieta Timiti and Rabaere Robuti. On the day <strong>of</strong> the alleged <strong>of</strong>fence the
complainant went to collect the debt at their place <strong>of</strong> work. She met the first <strong>of</strong> the
two defendants who told her to come back later. When she returned she was dragged
into a room by the defendants and several others. She was held down whilst the
defendants had sexual intercourse with her. She reported the matter to the police,
identifying the two defendants.
The defendants were charged with rape as per section 128 <strong>of</strong> the Kiribati Penal Code
Cap 67. They pleaded not guilty. Although the defendants admitted to having sexual
intercourse with the complainant at the alleged time, they denied raping her on the
basis that she had consented to intercourse.
The prosecution argued that the complainant did not consent to sexual intercourse
and that she was a credible witness despite having forgotten some <strong>of</strong> the details <strong>of</strong>
56