Man sentenced to 28 years for sexually abusing his niece

A young man asked a judge for “some leniency” before being sentenced to prison, after he was found guilty of having unlawful sexual intercourse with his 10-11 year old niece, and for having sexual intercourse with her on two separate occasions.

“I would like you to have some leniency on me,” were the words of the 23 year old man, as he was about to be sentenced to prison for committing three sexual offences against his niece who was 10-11 years old at the time.

The offender, who was between 18 and 19 years old when he committed the crimes, was found guilty yesterday February, 29, 2024, at the High Court that on a date unknown between September 30, 2018, and January 1, 2019, he attempted to have sexual intercourse with a girl under the age of 13, and that he had unlawful sexual intercourse with his niece on two separate occasions.

The defendant resided in a north windward community with the virtual complainant at his mother’s house, while the virtual complainant’s mother resided in a different village. Though the offences began in 2018, the matter was not reported to the police until 2020. The virtual complainant said that she did not tell anyone about what was happening to her out of fear of being ridiculed.

“I feel like if I tell my teachers, the rumours would spread. People would be like ‘oh she get raped’,” the girl told the court presided over by Justice Richard Floyd.

But after she grew tired of what her uncle was doing to her she decided to tell her mother who is the sister of the defendant. The mother reported the matter to the police and removed her daughter from the house.

After hearing the testimonies of the virtual complainant; her mother; her primary school class teacher; the school’s principal; a medical professional; former police officer Cpl 334 Harry; and Sergeant 712 Williams the jury came down on the side of the virtual complainant and rejected the defendant’s defence.

Being pushed onto her bed, pinned down in her own room, having her legs pried open, and a pillow pressed on her face and a cast shoved in her throat to muffle her screams, Justice Floyd shared in his remarks that the virtual complainant, who is now 15 years old “can remember every detail of the abuse she suffered” at the hands of her uncle.

Not only has she become sickly and lost her appetite, the virtual complainant “feels responsible for the breakdown in relationship between her mother and grandmother,” since after this incident the virtual complainant has never spoken to her grandmother, and the family has been torn apart.

Justice Floyd also said that the virtual complainant’s mother “feels like a failure,” and is still “paranoid and suspicious” in matters concerning her children. The mother is also experiencing some difficulties with her husband as a result of this incident.

After considering the defendant’s plea for leniency the judge shared in his sentencing remarks that those who “prey upon innocent children…must pay a heavy price. “

On the first count justice Floyd began the sentencing at six years imprisonment, and at 12 years each for the second and third counts.

He considered that the defendant was a trusted member of the family, as well as the age of the virtual complainant when she was sexually abused. He considered as well the virtual complainant’s testimony, when she said that she is no longer the “happy” person she once was.

Additionally, he considered the forceful actions that the defendant used on the virtual complainant and placed the offence in category two. He then spoke of the age disparity between the virtual complainant and her uncle and placed the offence in Level A. He began sentencing at 45 per cent of life imprisonment or 30 years, which amounts to 13.5 years imprisonment.

Aggravating of the offence was that the virtual complainant was particularly vulnerable, and two years was added to this sentence, amounting to 15.5 years. There were no mitigating factors of the offence, and no aggravating factors of the offender. Mitigating of the offender is that he had no previous convictions, and his youth. As a result, 1.5 years were deducted from the sentence amounting to 14 years.

Floyd said that he finds that a 14 year prison sentence is suitable for each count. However, the first and second counts are to run concurrently, while the third count will run consecutively to the first and second counts. Therefore, the young man has been sentenced to 28 years in prison. The time spent on remand, which amounts to seven months and 20 days will be deducted.