Man guilty of incest, rape

His sighs could be heard from every corner of the courtroom. Then came the tears.

This scene occurred at the High Court on Tuesday, October 2, as a 38-year-old man was found guilty by a nine-panel jury of incest and unlawful sexual intercourse with a girl under the age of 13.{{more}} The offences reportedly occurred between March 3 and 6 last year.

After two hours of deliberation, the jury returned with a majority decision of guilty, seven to two, on both counts. However, the man’s lawyer, Ronald Marks, said that he needed time to prepare mitigation for his client, and that a social inquiry report will also be furnished. The man will know his fate on October 25 when he is to be sentenced.

The trial, which started on Monday, heard evidence coming from three witnesses, including the young girl, who said that while visiting her father at his home, she was asleep in one of the bedrooms when she was awakened by the feel of someone over her, and saw it was her father. “I told him to get off of me,” she said. A command she said he ignored.

The girl, who clearly showed signs of nausea, held it together as she continued to tell of her ordeal. She said her dad took off her nightwear and underwear and had sex with her for about five minutes. She said, “I was pushing him off me.”

The girl said after all that took place, she went into the bathroom and washed off her skin and went back to bed. It was not until she went back home to her aunt a few days later that the matter was reported to the police.

Under cross-examination by Marks, the girl admitted that her father and her aunt do not get along. Marks further stated that the evidence the girl gave in the Family Court was far different from the one she gave on the witness stand and in the statement to the Police. Marks said in the Family Court the girl told the court that she was awakened by a touch, and in the statement she told police that she woke up when she felt someone undoing her clothes. Marks said that the credibility of the girl needed to be questioned, and further stated that it was someone who was putting her to say things.(KW)