Kiribati

This case is an appeal by the Attorney-General against a sentence imposed by the High Court for two convictions of defilement of a 13-year-old girl. The respondent was convicted on two counts of defilement and sentenced to four years and six months’ imprisonment, despite the statutory maximum of life imprisonment. The Attorney-General appealed on the ground that the sentence was manifestly inadequate. The Court of Appeal held that sentencing for defilement should begin with a minimum of five years’ imprisonment, subject to adjustments for aggravating and mitigating factors.

Attorney-General v Tion is an appeal by the Attorney-General against an acquittal on charges of rape and criminal trespass. In this case, the respondent, while intoxicated, engaged in sexual intercourse with the complainant, who initially believed he was her husband. After intercourse, the complainant realized the respondent was not her husband, and the respondent claimed he too had been mistaken until that moment.

Ioobi v. The Republic is an appeal from a conviction and sentence in the Magistrates’ Court for domestic violence and assault. The appellant assaulted his wife while intoxicated, causing injuries that required hospitalization. He was charged with a domestic violence offense under Section 33(1)(a) of Kiribati's Te Rau N Te Mwenga Act 2014 and with assault, pleaded guilty, and was sentenced to six months’ imprisonment (three months per charge).

The Disaster Risk Management and Climate Change Act 2019 establishes a national framework for disaster preparedness, climate adaptation, and risk reduction. It mandates that all government ministries, agencies, and bodies integrate disaster risk management and climate change measures into their policies and operations. The Act designates the Ministry responsible for women, youth, and social affairs to ensure gender and protection considerations are incorporated into all disaster and climate-related planning.

The Marriage (Amendment) Act 2002 amends the Marriage Ordinance (Cap. 54) of Kiribati. It provides that marriages involving individuals under the age of 21 who are not widowed are prohibited unless parental or guardian consent is obtained. Some sources claim that the age is 18 with consent, but the statutory law currently supports the age of 21.

The Te Rau N Te Mwenga Act 2014, also referred to as the Domestic Violence Act, establishes Kiribati’s first comprehensive legal framework for the prevention and elimination of domestic violence. Section 4 defines domestic violence broadly to include physical, sexual, psychological, and verbal abuse, and recognizes harm to both direct victims and children who witness violence. Victims may apply for protection orders; emergency (30 days), temporary (90 days), or final (indefinite), with applications permitted orally or in writing, including on behalf of others.

Republic v.

Republic v. Teanaa was a case regarding prosecution for bigamy under the Penal Code, heard in the High Court of Kiribati. The defendant married her first husband in 1981 and entered into a second marriage in 2001 while still legally married. In 2020, her first husband discovered the second marriage and reported her for bigamy.