A 41 year-old assailant raped his 17 year-old sister-in-law. The court established the sentencing guidelines for rape cases, holding that the starting sentence should be 10 years and the maximum sentence should be 15 years, unless aggravating circumstances allow a longer sentence, which includes life imprisonment. The defendant in this case received a 12 year sentence.
Papua New Guinea
Domestic Case Law
State v. Yali (2) National Court of Justice (2005)
In a case of rape, the court examined whether or not the element of lack of consent was present in order to establish the elements of the rape charge. The court considered the following factors: the testimony of the parties, the use of force or threat of force, any evidence of consent, the circumstances and behavior of the parties surrounding the incident, time before the victim lodged a complaint, and the medical evidence.