Justice for all

A Christ Church man found guilty of having sexual intercourse with an underage girl 14 years ago will learn on March 3, next year, what punishment he will face for that crime.

Although he begged the court for mercy, Madam Justice Laurie-Ann Smith-Bovell made it clear that when the sentence is passed down on the convicted man, the victim who “used to call him Daddy” must feel as if justice has been served.

The man, whose name is being withheld by this publication to protect the identity of the complainant, was convicted by a jury of having sexual intercourse with the then 15-year-old between April 9 and 15, 2008. He is the father of the victim’s sister.

“All I am asking from the court . . . is for leniency because I have never been involved in anything like this before,” he said as he addressed the No. 4 Supreme Court.

In submissions on sentencing, Senior State Counsel Rudolph Burnett told the High Court that the convicted man should be incarcerated for the offence, given the age of the child and the trauma she suffered, as well as his betrayal of the trust that was placed in him by the victim and her family.

“I am firmly of the view that this convicted man should be given a custodial sentence. The public, especially our womenfolk, must be protected from this now convicted man,” the prosecutor said as he proposed a starting point of four years in prison.

He submitted that a year should then be added as the aggravating factors outweighed the mitigating factors, which would take the sentence to five years. Burnett added, however, that the seven months the man had spent on remand should be deducted from that sentence.

“That would meet the justice of this case. Society must be protected from this now-convicted man. The society must be safeguarded from those who through whatever desire commit the serious offence of sex with minors. The recommended period of incarceration outlined above in the circumstances should maintain confidence in the judicial system,” the prosecutor stated.

In his mitigation, King’s Counsel Michael Lashley took into consideration the mitigating and aggravating factors of the case and suggested a starting sentence of three years as he urged the judge to temper justice with mercy in sentencing his client, a first-time offender who was assessed as being at low risk of reoffending.

Justice Smith-Bovell noted that during the trial, it was shown that the convicted man set out to destroy the young girl’s reputation after the sexual encounters.

“That had to be an aggravating factor, a serious aggravating factor . . . . He didn’t violate her once, he violated her twice. How you all get to three years or four years?” she questioned.

“This is a man who was seen as her father. She used to call him Daddy; he is her sister’s father. This is her sister’s father who has violated her not once but twice and turned around and spread rumours about the girl and had her mother checking behind her to protect himself. Yes, he needs to be rehabilitated but the young girl who comes here as a woman, when she comes in here she has to feel that she got justice. Justice is supposed to be fair for everybody,” the judge stated before adjourning the matter.