Moments before being sentenced to 15 years in prison for raping a teenaged girl, former police constable Jason Andre Callender was admonished by Justice Christopher Birch for breaking the same law he had sworn to uphold.
During Friday’s sentencing in the No.5 A Supreme Court, Justice Birch said Callender had used police power to rape and commit an act of serious indecency against a 16-year-old girl and had also attempted to silence her a decade ago.
Callender, 36, of 6th Avenue, Durants, St James, had previously been found guilty of the two offences which occurred between June 1 and October 7, 2010.
Justice Birch described the aggravating factors in the case as “disturbing”.
He said: “In accordance with the case of Persaud and in light of the various cases sighted by both counsel for the Crown and for the defence I consider a starting point of 16 years to be appropriate in this case.
“The aggravating factors are very disturbing given the circumstances in which the complainant found herself at the literal mercy of the convicted man. He knew or ought to have known that she was in an extremely vulnerable state at the time she came to reside with him and her sister.
“She had fallen out with her immediate family, she was studying for her examinations. These factors should have served as a disincentive to any proposed or fulfilled intimacy at the time.
“He willingly accepted the position of trust when she was left in his care by her sister. Instead, the convicted man took full advantage of the situation to subject the complainant to ongoing, traumatic rape from June to October 2010.
“Moreover, the convicted man by virtue of his office as a member of the Royal Barbados Police Force was in a unique position to know not only the provisions of the law but the consequences that flow from breaking the law he was sworn to uphold.
“To play upon that authority to essentially deprive her of hope and justice by telling her that she would not be believed if she complained was a fundamental betrayal of all that citizenship expect from members of the protective services.
“Beyond this behaviour, the court takes careful note that when given the opportunity to seek mercy or to apologize for his actions the convicted man demonstrated literally no remorse. Even in the pre-sentencing report, there is no indication that Mr Callender acknowledges his wrongdoing. This is to add insult to injury.”
Furthermore, Justice Birch said it was clear that the complainant was left traumatized and bitter to the extent that she had to seek psychological and psychiatric care.
He said considering these aggravating factors, a further two years were added to the sentence, increasing it to 18 years for the rape conviction.
To Cumberbatch’s credit, the judge noted the former constable’s previous clean record and past service to the police force, his low risk of reoffending, the fact that the case was heard 11 years after the first alleged offence and seven years after the case was indicted, merited a reduction of three years.
Justice Birch said when the 204 days Callender spent on remand were taken into account it left 14 years, 161 days on his sentence.
Samuel Legay appeared on behalf of Callender while Crown Counsel Danielle Mottley appeared for the prosecution. (randybennett@barbadostoday.bb)
