The awarding of compensation to a rape victim should not be seen as the court putting a price on that person’s dignity but as financial assistance to help them “regain their life”, a judge said on Wednesday.
Madam Justice Pamela Beckles gave that explanation as she ordered Brandon Kerwin Franklin Walcott to pay the woman he raped seven years ago $50 000 in compensation, half of which was due immediately. The remaining balance must be cleared in a year or he will spend three years in prison.
“While monetary compensation cannot take away the emotional pain and horrors associated with rape, and cannot undo the harm that has been caused, it can be used for the rehabilitation of the victim in that it can help them to regain their life by payment for counselling, treatment and anything else that may be needed to move on from this experience,” the judge said.
Pointing out that rape is “one of the most traumatic and horrifying experiences an individual may ever have to go through”, she noted that one of the main reasons Walcott had not been given jail time was that the complainant was not opposed to monetary compensation.
“The court recognises that monetary compensation is not the appropriate remedy in most rape cases, but it can be useful in some cases, and each case will have to be decided on its own peculiar circumstances,” Justice Beckles said.
Walcott, of Flat Rock, St George, had previously pleaded guilty in the No. 5 Supreme Court to having sexual intercourse with a woman without her consent, knowing she had not consented or was reckless as to whether she had consented on April 17, 2017.
Justice Beckles gave a starting sentence of 10 years while pointing to the aggravating factors, including the gravity of the offence, the prevalence of the crime, and the exposure of the victim to a sexually transmitted infection or an unwanted pregnancy.
Walcott’s lack of previous convictions, low risk of reoffending, cooperation with the police, expression of remorse and apology to the complainant led to a deduction of two years from the sentence. Other discounts were also given for his early guilty plea and the delay in getting to trial.
“Make sure the payment is made, and do not find yourself at the court’s doors again,” Justice Beckles told him. “If it were not for your favourable pre-sentence report and the fact that the complainant indicated that she was not opposed to monetary compensation, you would be doing some hard prison time. If you have a problem with alcohol, then get some counselling for it.”
