Man, 53, who claims girl, 12, forced him into sex will know his fate next month

A man over 50 years of age who claimed that a 12 year old girl forced him into sexual acts with her, was found not guilty of rape, but guilty of indecent assault and will know his fate early next month.

The man appeared at High Court #2 before Justice Rickie Burnett on May 2, 2024 where two verdicts were returned.

The defendant from a north windward village, who was 53 years old at the time of the offence,was charged that on April 7, 2022, he had unlawful sexual intercourse with a 12 year old girl, she being under the age of 13.

He was also charged that on the same date, in the same village, he committed indecent assault against the same 12 year old, she being under the age of 15 years.

And at his arraignment, the defendant pleaded guilty for abducting the same 12 year old.

The judge’s summation of the prosecution’s case, which includes the evidence that was presented by the virtual complainant stated that on the date in question, the child was at home downloading a feature on her tablet.

She saw the defendant and called out to him. He told her that there is a spot where he chills and smokes, and he asked her to go to a particular beach with him, but she refused. He shouted at her demanding she goes, and she complied.

The child changed her clothes and went to the beach with the defendant. She was uncomfortable as no one was around. The defendant then spread out a blanket, which he met on the ground and told the child to sit.

The defendant then lay down beside the child and told her to take her clothes off. She refused, but he grew angry and the child became scared so she undressed herself. He told her to “come on top of him,” she said no, but later complied. She sat on the defendant’s privates; he was not wearing pants. The child described the actions of the man.

After raping her, he placed her in a different position, insisted she have oral sex with him, fondled her private parts, had oral sex with the child, then gave her $1.50. She got dressed and left the beach.

The judge also related to the court that the defendant said that he never had sexual intercourse with the child.

During his electronic interview, he told the police that the child forced him to go to the beach and forced him to “feel her up.”

He added that the child started to shake her bottom, and behaved in a vulgar fashion as if she wanted him to feel her up.

He touched her buttocks, then rebuked her behaviour, but she proceeded to lie on him.

He also said that the child heard money jingling in his pocket, and asked him for some and he gave her $1.50.

In his testimony, the man claimed that the child approached him with her tablet “watching sex” and followed him; he was on his way to the bakery. She showed him her tablet, asked him if he normally masturbates and sat down and undressed herself. The defendant said he told her the child he did not want to have sex with her,but she approached him, placed his hand on her breast, her privates, and put her buttocks in his face to which he “cabbed” her and sent her home. She then asked him for money, and he gave her $1.50.

Witnesses who testified in the trial said they saw the defendant with the child on the date of the offence, heading to and from the beach.

A nine-member jury, who deliberated for one hour and 46 minutes, returned a verdict of not guilty of unlawful sexual intercourse with a girl who is under the age of 13; but guilty for the offence of indecent assault with a girl under the age of 15.

A social inquiry report was ordered and sentencing was adjourned to June 10, 2024.