Granddad to pay $20 000 compensation for indecent assault

A grandfather who indecently assaulted his granddaughter was ordered by the High Court to pay $20 000 in compensation and given a suspended sentence for the offence.

 

Noting that the offence warranted a custodial sentence, Justice Laurie-Ann Smith-Bovell stated “The virtual complainant has expressed an interest in being compensated for her violation, and given that the offence committed is an offence personal to the complainant, the court will cede to her request for compensation.” 

 

Last June, days after the trial began, the accused pleaded guilty to indecently assaulting the then pre-teen between September 1 and November 30, 2018.

 

Principal State Counsel Joyann Catwell and State Counsel Paul Prescod prosecuted the case, while attorney Dennis Headley represented the grandfather.

 

The court heard that in April 2018, the grandfather began to help the complainant’s mother to buy school supplies for the girl. That September, the girl went to spend time at his home to assist him with chores, and he bought her a mobile phone. He called her into the shower where he was bathing to ask if a hairpin was hers. She replied no and left the room.

 

The complainant said that on another visit, her grandfather played an explicit video and told her to watch, and on a separate occasion, gave her cycling shorts and a green mesh top to change into before lying on top of her and moved up and down while aroused. Also, during one of her school pickups, he rubbed her thigh, telling her that he liked the feel of the pants she was wearing.

 

In December, the complainant told her father — her grandfather’s son — about the incidents, and a report was filed with the police.

 

In his electronic interview, the granddad told police that he was “showing her reality” and teaching her self-defence techniques, claiming there was “nothing personal” about the acts. He denied rubbing her leg and suggested that the allegations arose because he had stopped providing financial support to the complainant’s mother.

 

“A child ought not to be violated by anyone, but moreso not by a parent of their parent – a person who is expected to love, mentor and guide them,” Justice Smith-Bovell said as she weighed the abuse of trust, age disparity (he was 59 at the time; she was 12), elements of grooming, the long-term psychological impact — including trust issues and low self-esteem — and the prevalence of similar offences in society.

 

She found a four-year starting point appropriate for the offence before deducting six months for his lack of previous convictions, his apology to his granddaughter and her mother, and his willingness to make reparations by paying for counselling.

 

A further six months were deducted for delay, and a one-quarter discount was applied for his guilty plea, leaving him with two years and 46 days to serve.

 

She suspended the sentence for three years warning him that if he was convicted of another offence during this time, he will have to serve the time.

 

The judge also ordered $20 000 in compensation — $15 000 for the offence and $5 000 for counselling  — which the grandfather said he was willing to pay. He was told to pay $5 000 immediately, followed by monthly installments of $750 until the balance is settled.  Failure to pay will result in the custodial sentence being activated.

 

The case will be reviewed on July 3.