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Schoolgirl tells court about alleged rape
From the Courts
March 22, 2013

Schoolgirl tells court about alleged rape

Two teenage boys of Chapmans Village told jurors on Wednesday that they did not take turns in raping a 14-year-old girl last year. {{more}}

The teens, Marvin Browne, 18 and Carlos Caine, 17, are charged with raping the girl on July 5, 2012, as she made her way home from her school located on the Windward side of the island.

In her testimony on Tuesday, March 19, at the High Court, the girl, now 15, told the court that she went to school to collect her report card on that day.

After collecting her report card, the girl said she left school at about 1 p.m., intending to make her way home.

On her way, she said she saw both boys sitting nearby on a bridge.

As she continued along her way, the girl said Browne asked her if she wanted company.

“I told him no, then I continued walking. After a minute or so, I hear voices behind me. When I turn around, Marvin and Carlos were coming behind me…,” she recounted.

The girl said the boys began teasing her about her body size.

“They started to trouble me about how bony I am and that I look like a macaroni.”

She further stated that Marvin then placed his hands around her waist.

“I hit his hands then he held onto my skirt and I felt his hand touching my vagina… I tried to get away but he bend me over…,” the girl testified.

The girl, who told the court she felt “awkward”, said Marvin then used one hand to push down her back, while using his other hand to “scrape” her vagina.

“I tried to get away, but Carlos came in front me and press down my neck with his hands and Marvin had sex with me… I started to scream telling him to stop…,” she said.

According to her, after Marvin finished raping her, he exchanged positions with Carlos.

“I scream out and say I going tell me cousin (calls cousin’s name). They let me go and I ran…”

She said Carlos shouted “When you ah do yuh thing, na call my name inna nothing”.

The girl testified that she told her mother what had taken place. She said they went to Marvin’s relatives and both boys, who were present at the time, denied raping her.

They then went to where Carlos lives and he (Carlos) said it was Marvin who raped her.

The boys’ counsel, Ronald Marks, during cross examination, suggested that the girl stopped and spoke with the accused, who attended the same school as she did.

Marks further suggested that the girl and Marvin walked off, while Carlos walked behind them. He added that while walking, a truck passed and that was when Marvin put his arm around her.

“Carlos then pass and go up the road. That is when you and Marvin had sex. A fast thing… Carlos come back and macco allyo and you were fearful that he was going to tell your cousin,” Marks put to the girl.

He also put it to her that she was carrying on a relationship with her cousin.

The girl admitted that she was in a relationship with her cousin.

Marks also put it to her that when she spoke to Carlos’ relatives, Carlos didn’t say anything about rape. “He say you and Marvin had sex.

“You and Marvin had consensual sex and all Carlos is guilty of is ‘maccoing’. You are only trying to save your cousin and lover,” Marks said.

In his testimony in court on March 20, Marvin, who was dressed in full school uniform, said he was employed at a supermarket up until a week ago.

He also told the court that he stopped being at a student at the school since last year, following the alleged rape incident.

Marvin told the court that he was going home from school that day around midday, when he and Carlos sat for a while on the bridge.

“I see (calls virtual complainant’s name) and another girl walking coming up. The other girl go by she father and (calls alleged victim’s name) come pon de bridge. I ask her if me could see she report and she tell me me nar send she ah school, so me can’t see she report,” Marvin testified.

He said she showed him anyway.

“She pointed on her vagina and after I lead out behind she, I end up and start to trouble she. Ah told she how tough she be and she must stop eat rice and macaroni, must eat dasheen,” he testified.

Marvin told the court that Carlos, who was walking behind them, walked past them.

“She ask me if I still war de thing and she bend over and I end up and zip down my pants and started to have sex with her.”

Marvin said the sex lasted no more than a minute. He stated that he looked up and saw Carlos laughing and that was when he said she shouted that she was going to tell her cousin.

“She end up and walk off and said ‘that’s good, you shoulda dead.”

Marvin said his eyes then started to “turn dark”.

“Is like me freak out. I look down on my pants and saw blood. I end up tek off my shirt and then I took off my pants and put the shirt on my penis and put back on my pants,” he said.

He said Carlos helped him up off the ground and then he went home. When he got there, he said he took a shower, because his penis was still bleeding.

Crown counsel Ayanna Baptiste-DaBreo, during cross examination, questioned Marvin on parts of a statement he gave to police when he was arrested.

In court, Marvin said he did not discharge inside the alleged victim while having sex with her. However, Baptiste-DaBreo pointed out in his statement that he told the police that he discharged in her while having sex.

He denied telling the police that and said it was the first time he had heard about that when it was read out in court on March 19, by police constable Julianna Paris.

Baptiste-DaBreo also put it to Marvin that, in the same police statement, Marvin said it was the alleged victim who took his penis and pushed it in her vagina.

In court, Marvin said he took his penis and pushed it in her vagina.

Also dressed in his school uniform, Carlos, in his testimony to the court, said when they were walking, the alleged victim and Marvin was “making joke”.

Carlos also denied ever having sex with the girl. He said he and Marvin attend the student support service programme twice per week.

“After I go up and hear dey stop talk, I go back around the corner and I see Marvin and (calls alleged victim’s name) having sex. I was watching she and laugh and she hold up she head and say she going tell her cousin,” Carlos testified.

The case continues at the High Court.

Justice Wesley James presides. (KW)

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