A man was today sentenced to prison time for indecently assaulting a 17-year-old girl while she slept more than nine years ago.
Daniel Cain Emmanuel Weekes, 37, of Jacaranda Circle, Union Development St Philip was slapped with a three-year sentence on the charge that on May 14, 2011 he committed an act of serious indecency towards the teenager. He was found guilty by a jury on June 11, 2019. Weekes was 28 at the time of the incident.
According to the facts, the girl, who had upcoming CXC examinations, went to Weekes’ mother’s home for a tutoring session. The complainant was known to visit the residence and slept overnight sometimes. On that night, after going through paperwork, she got tired and went upstairs to a bedroom to sleep. As she slept, she recalled feeling like she was in a dream only to be awakened by Weekes removing his hand from her vagina. He then asked her if she “wanted some”.
The girl quickly took up her phone to call a friend and Weekes left the room. Quickly locking the door behind him, she explained what had happened to her friend. She could hear Weekes rattling the door in an attempt to re-enter and after failing to do so he said: “You expect to come here and have my mom help you fuh free.”
The teen waited in the room until 5 a.m. the next morning, “eased” out the room and went straight home. She told her neighbor about the incident and it was later reported to police.
The police visited Weekes’ residence where they informed him that the girl said he placed his hand in her vagina and played with her clitoris and Weekes said: “Yes I did that, but she was awake.”
The court, in looking at Weekes’ history, discovered that he had no previous convictions. His pre-sentencing report gave insight into his family and social background, educational and employment history and current attitude to the offence.
It was noted that Weekes was diagnosed with a mental disorder and had experimented with drugs from an early age. He gambled and engaged in unsavory acts to maintain his addiction. He was also homeless in his adulthood.
Weekes obtained four academic qualifications but failed to secure steady or permanent employment and is financially supported by his mother.
The complainant in the matter said she had been affected psychologically. She said she suffered from low self-esteem, was insecure and had difficulty sleeping. She hoped that the punishment would be commensurate with the offence.
A psychiatric evaluation deemed Weekes as currently psychologically stable and recommended he participate in a sexual offender’s treatment programme at the prison.
The court looked at the aggravating factors in the case including the disparity in age between the complainant and Weekes, the complainant’s youth and vulnerability and the traumatic impact on the girl.
The mitigating factors were identified as the absence of any previous convictions, his mental disorder which is controlled by medication and his agreement to enroll in any programmes to assist him.
Weekes was sentenced to three years in prison minus his 572 days spent on remand. He has 523 days left in prison.
He was ordered to undergo counselling and psychological interventions with the prison psychologist. Justice Pamela Beckles, presiding in the No. 5 Supreme Court, also advised Weekes to enroll in skills or vocational programmes to help with employment on his release.
