Remorse, remand and early guilty plea cuts offender’s prison sentence in half

Thermain Dawyne Fabian Taitt will spend the next six years and 41 days behind bars at Dodds for raping a 16-year-old girl, during which time he will have to undergo psychiatric, psychological counselling.

And although he admitted to indecently assaulting another child – an 11-year-old girl –, he was sentenced to time served, which means he will face no further punishment for that crime.

The sentences were imposed by Madam Justice Pamela Beckles after she took into consideration the mitigating and aggravating factors as well as Taitt’s guilty pleas and the time he previously spent on remand.

Taitt admitted before the No. 5 Supreme Court to having sexual intercourse with the teenager without her consent on September 24, 2018, or was reckless as to whether she consented. He also said he was guilty of indecently assaulting the younger child on September 27, 2016.

According to the facts of the most recent crime outlined by Principal Crown Counsel Krystal Delaney, the victim was a fifth form student at the time. She was at a relative’s home that day after missing the bus. Taitt, who was also a close, trusted friend of the family, was also there.

The family member had at some point left the house, leaving the girl and Taitt, who was 33 years old at the time, inside. Taitt subsequently left but returned soon after and sat on the bed on which the child was lying.

He suddenly got on top of her and she tried in vain to push him off.

Taitt then raped the girl, the court heard, causing her severe pain. The teen asked Taitt to get off her but he did not comply and when she tried to shout for help he placed his hand over her mouth.

However, on hearing a door in the house opening, the man jumped off the girl and lay next to her.

The teenager then ran out and told her family what had happened. Taitt denied the allegation when confronted, saying: “I did not interfere with her.”

The matter was reported to the police and when Taitt was questioned he said: “I did not rape her.”

In the case of the 11-year-old child who was in first form, she had boarded a bus to travel to school when she saw another child she knew travelling with a man, Taitt. He told her to sit with them and they made room for her.

While sitting, she felt an arm across her shoulder and when she looked it was Taitt’s. He then reached over and rubbed her vagina. The fondling started in Bridgetown and ended when the child got to her school. Another student on the bus who had witnessed the incident spoke to her about it and, as a result, she reported what had occurred to the deputy principal and guidance counsellor at her school. Police were informed.

“I ain’t touch she so, I only hold she bag,” Taitt told police when interviewed.

The child pointed him out in an identification parade.

In handing down the sentence Justice Beckles took into consideration the aggravating features of the case, among them the seriousness of the offences, the disparity in the ages of the victims and the perpetrator, and that the rape took place in the sanctity of a family member’s home where the teen “should have felt secured and protected”.

She further noted that the indecent assault took place on public transport.

Justice Beckles also pointed to the effect that the acts had on the complainants and their families.

In taking those factors into consideration, she imposed a starting sentence of 12 years in prison for the rape and three years for the indecent assault.

She also took into account the mitigating factors with regards to the offender, pointing to his early guilty pleas which not only saved court resources but spared the complainants “from having to relive these traumatic experiences”.

Justice Beckles also pointed to Taitt’s expression of remorse, his relatively clean criminal record – he only had one prior conviction for wounding – and the contents of the presentencing, psychological and psychiatric reports which highlighted he had “some serious mental challenges”.

The mitigating factors, the judge ruled, outweighed the aggravating features and as such, reduced the starting sentence by two years leaving ten years for the rape offence and one year for the indecent assault.

The convict, who was represented by attorney-at-law Kyle Walkes, was also given a one-third discount for his guilty pleas and credited for the 202 days he had spent on remand.

That left him with 2231 days, or six years and 41 days, to serve for rape and no more time left for the indecent assault offence.

“During your incarceration, and with the aim of your rehabilitation, you are to undergo such psychiatric, psychological counselling programmes as recommended by the prison psychologist to assist in managing your challenges or any other areas of concern as outlined in the various reports,” Justice Beckles said.

“You are also strongly advised to enroll in any available skills or vocational programmes in prison which will enable you to acquire a skill or a trade, as this will enhance your ability to acquire gainful employment upon your release,” the judge added.