Man acquitted of rape and indecent assault against his daughter

A father has been acquitted on four rape charges and two charges of indecent assault against his daughter.

The man appeared at the High Court before Justice Rickie Burnett yesterday June 10, 2024, where he was acquitted on all the sex charges against him. The defendant was charged that on December 26,2020, at Arnos Vale he had unlawful sexual intercourse with a girl, she being under the age of 13. He also was charged with committing the identical offence on March 8, 2021 at Arnos vale; and again on a date unknown, between March 31, 2021 and May 2021 at Arnos Vale.

The defendant also was charged that on a date unknown between July 31, 2021, and September 1, 2021, at Arnos Vale he had unlawful sexual intercourse with a girl, she being under the age of 15; and that on December 24, 2020, and December 25,2020 at Kingstown, he committed indecent assault against the same daughter, she being a girl under the age of 15.

The offences were alleged to have been committed against the defendant’s daughter who was born in August 2008, and was 12-13 years old when the offences were alleged to have occurred. The judge’s summation read that the virtual complainant lived with the defendant for most of her life. Her mother, who had also lived in the same home left them when the girl was five years old.

Also, that the defendant was a “good daddy” who often took the virtual complainant to the beach, so she could have some fun in her life.

On December 24, 2020, the virtual accompanied her father to work. He was employed as a watchman at a government entity in Kingstown. She had accompanied him to work many times before, and he had never molested her.

The girl alleged that while at the workplace her father asked her how she look so sexy and told her that she reminded him of her mother. The virtual complainant denied that her father called her pretty instead of sexy. She further accused her father of sucking her breasts.

She said he also kissed her and threatened to put her in a body-bag if she told anyone what he had done to her. The girl said that on December 25, 2020, her father pushed her backwards on the bed, then moved his finger in and out of her private member.

She screamed, and someone who lived in the neighbourhood asked her father what he was doing to her. However, when that same person was called to testify in court, he denied having any knowledge of hearing the virtual complainant screaming.

The witness said that where he is living, the virtual complainant would have had to scream at the top of her voice for him to hear her. Justice Burnett asked the jurors to consider if this witness was covering for the defendant or if the child made up this story. Also in summation it was read that the virtual complainant testified that on December 26, 2020, she was using her tablet when her father came home and locked the doors.

She began to scream. She said her father tied her mouth with a bandana and scotch taped her hands to the bed, forced open her legs, put a condom on his private member and raped her. She said that her bottom belly began hurting as a result and she took two pain killers and cried herself to sleep.

Justice Burnett noted that in the Family Court, the virtual complainant accused her father of scotch taping both her hands and feet to the bed, and that she denied saying so. He urged them to carefully assess this inconsistency. The virtual complainant also claimed that on March 8, 2021, her father referred to her private member as being”nice and tight” and that he wanted to suck it.

He then put his tongue to her private member, took his pants down and raped her. He was not wearing a condom. The girl had also alleged that on a date in April, 2021, her father showed her a photo of two undressed people on his phone and told her that he wanted to try it with her. He then bent her over and raped her. The young girl also alleged that on a date in August, 2021,her father forced open her legs and raped her. When he offered her food, she said that she saw a blue pill in it. She then left the house and reported the matter to someone. However, when this person was brought to court to testify, she denied ever having this conversation with the girl.

During cross examination by lawyer Carl Williams, who represented the accused, the virtual complainant admitted that she lies about petty things. She admitted as well to previously entering into a business place in Kingstown and walking out with items. It was also revealed that the virtual complainant had shared photos of her private part with another person before.

Investigating officers also testified. They said that they did not search for scotch tape; did not check who was working on the shift with the defendant; and could not answer whether they had consulted with the man’s work place to obtain the defendant’s work schedule. The investigating officer had failed to produce evidence linking the defendant to the crime. The defence case was to completely deny the allegations against the man.

After finding that there was “reasonable doubt” that the defendant committed these crimes, the jury found him not guilty on all counts.