Thirty-two-year-old Samoza John can count his lucky stars after he was given a suspended jail sentence of 32 months when he pleaded guilty to indecent assault on an eight-year-old girl in 2010.
Before sentencing, John’s lawyer Geoffrey Letang called his girlfriend to the stand. She is the mother of four children including his 2 ½-year-old daughter who has a medical condition and receives monthly treatment at a cost of EC$400.00.
A thorough examination was done on the finances of the girlfriend and it was revealed that at the end of the month, her take home pay was $179.00. She was heavily committed and John’s salary was also committed to paying bills and meeting the monthly medical expenses of their sick child.
The facts of the case
John was renting a room from the mother of the child and on the day of the incident, she asked him to use his cell phone to play games. He invited her to his room and spent just about a minute touching her private parts. He then asked her to touch his erect private part, which she did.
Sensing that something was wrong, the child’s mother peeped in his room and saw her daughter there and inquired what was going on.
The child related the entire incident to the mother.
John was confronted and he said, “I don’t know what go up in my head…I am sorry.”
The matter was reported to the police who arrested John and charged him.
Mitigation
In mitigating, Letang told the court his client was a high school dropout but has been very industrious and so has been gainfully employed for the past six years.
“He is very sorry for his actions, he has been remorseful from inception, he has not wasted anyone’s time,” Letang told the court.
He said that John had taken full responsibilities for his action, which he described as “very unfortunate.”
“The victims interest must be protected, a strong message must be sent out to society, however, a custodial sentence will not be appropriate. He is at the mercy of the court, he has learnt his lesson, we beg the court for a suspended sentence,” Letang said.
Sentencing
Justice Errol Thomas weighed the aggravating factors against the mitigating factors and said that sexual abuse is atrocious and cannot be trivialized.
The social inquiry report, he said, showed that John was a hard working individual, a protective father and while he should be held accountable for his actions, there is room for change.
The Judge said that sex abuse in Dominica is a matter of national concern and set the notional sentence at four years, minus the 1/3 reduction for his guilty plea, which leaves 32 months.
He said that this case was one of economic situation and was extremely exceptional based on the income of both parties and if given a custodial sentence the $179.00 take home pay of the girlfriend cannot feed the family of four monthly.
“The court cannot ignore a dire situation which will result in more crime, in the circumstances, the 32 months is suspended for two years on the conditions that he does not commit another offense which carries more than six months in jail,” the judge said.
Counseling was also ordered.
John, who is on remand, is to be released on May 5, 2016, when his suspended sentence is expected to begin.
Justice Thomas told him that had it not been for the extreme circumstances, he would have surely gotten a custodial sentence.
Those who sit behind the bench must be careful about setting a precedent.
A sentence may seem suitable to a judge in a particular case. But he (she) is creating a precedent for years to come. Only God knows how it will be applied in the future. The fact that circumstances alter cases
is not always taken into consideration. A judge 30 or 40 years from now may not know all the circumstances of a case heard in 2016!
In some places the justice system is in such a state that concepts like reasonableness, logic, and objectivity
seem to have been lost.
What is needed is a review and over haul of the laws relating to the sexual abuse of children. This should be done in light of the fact that the sexual abuse of children is increasing, and for the purpose of making changes that would effect a difference.
Continued …
Continuation …
Yesterday I read in a major Canadian newspaper that the sexual abuse of children is increasing. It was reporting on the international scene. This had no reference to any particular nation. The epidemic exists in
my own country as well but I have no statistics available. I am writing here for all DNO readers. Wherever we live let us fight the good fight, and go what we can to stem the tide.
Sincerely, Rev. Donald Hill, Evangelist.
If people lived by the moral code God has given us in the New Testament crimes this obviously would not happen. The Holy Scriptures forbid sex outside of marriage which is a sin the Bible calls ”fornication”. It says ”Flee fornication. Every sin that a man does is without the body; but he that commits fornication sins against his own body.” (1 Corinthians 6:18) Many other scriptures address this subject.
Here we have a woman with a ”live-in” boyfriend. She is having a sexual relationship with a man who is not her husband. This is a terrible example for her eight year old daughter. Why is it that women who are living with a man who is not their husband don’t realize if they have any daughters in the home they are placing them at risk
If a man would fornicate with the mother he would fornicate with her daughter. It comes natural for him. Why would he not want to get two for the price of one 
Sincerely, Rev. Donald Hill. Evangelist.
Everything is politics
The child is now 14….still underage. Does she still live with the mother?
”Does she still live with the mother
”
To this I might add ”Is the boyfriend living there
Will the judge appoint a social worker to visit the home (unannounced but on a regular basis) to check on the arrangements and report back to the court
It may be that this man assaulted other little girls before 2010. Pedophiles will usually reoffend.
Sincerely, Rev. Donald Hill.
SMMFH. That is why i already say if is my child anybody do that we not going to court. I will deal with you myself and face the consequences. No justice No Peace!!!
Seriously!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
and once again obeah comes into play…..dat was d only way out!!!!!!!!!
The majority of Dominican citizens, most, if not all the institutions mandated to protect the children have gone soft and do not care two hoots whether minors or anyone is abused, sexually or otherwise. That recent verdict says it all.
6 Years it took to prosecute that abominable case of sexual abuse of an 8 year old child. And after all that time waiting, the abuser goes Scott free. The abused child’s life is destroyed for life. How wicked people could be in Dominica. The judge could so rule because he must have realized, Dominicans do not love children as they hypocritically claim.
If one follows the trends, that case of sexual abuse of another minor, just recently, involving “Big Wigs”, politicians allegedly involved, will also take umpteen Years? Dominicans would just stand there and wait, maybe for a similar outcome or worse yet case thrown out?
Judicial Review?
Information given to the Police by victim re. that case, has been leaked out? Up to now…
What is wrong with our justice system. Is anyone looking out for our children. That is where the red clinic should come in. Send his backside to jail and the state should support his children. This place is sickening. I am really hoping that this judge does not have children.
This is madness, things will always go upside down here because every thing is politics
Ok. Let me get this straight. How long has this man been locked up? He has a 2 year old child. The crime happened in 2010. His girlfriend wants him in her home with three other children, so he can pay medical bills? This is a recipe for disaster, who knows what will happen to those kids? I hope the girlfriend and the other fathers ( the article implies they are not his) wake up before it is too late.
If a man try this crap with my child, I will wipe him out!The judicial system or lack there of is BS
It’s more about the offender than the victim. It’s the victim’s fault, not the offender’s fault. So why worry about a crime when you can get a pass? Pure foolishness!!
Ill be honest, I didnt read this entire story…
I saw two things that told me all I need to know…actually 3.
I saw “Spares man jail time”, “Indecent Assault” and “Eight year old”.
Those three phrases don’t go together…Im not reading this story
That’s not good representation nor good for the country………. wow that’s sad
I don’t hear anybody saying ‘he who is without sin cast the first stone…’
If he was given a custodial sentence it would have put another child’s life in jeopardy and probably push the mother into a life of crime to support the family because here earnings without the father is far below the poverty line. This would in no way help the victim but add more injury.
Congratulations: You are officially part of the problem.
So if I make children I can not afford to look after properly and I commit a crime the judge wont send me to jail? You telling me he would have put a gwo boug in Stocky for the same crime? Boy, that is something.
Why did it take six years for this case to go to trial in the first place? How can we expect justice with delays like that. Marijuana cases are heard within days and sentences passed forthwith. I am asking in all seriousness if sexual abuse of children is less important. I am open to reasonable arguments but so far I have not heard any to justify this state of affairs.
They got to lighten up the sentence for when is BIG Men turn. Now they have presedence and can say it is NOT uncommon to give people suspended sentence for such offenses. Mark my word, all the “politicians and big business men” currently awaiting trial for similar crimes going to walk with suspended sentences.
The best is yet to come.
Always Assertive!
The judge and all who work in the justice should take note of all the commentators who have said in no uncertain terms what they would do to any man who abused one of their children.
I do not encourage people to take the law in their own hands. But you don’t have to be a prophet to see it coming. People are mad as %$#& and they are not taking it any more.
Sincerely, Rev. Donald Hill. Evangelist.
Some man like to feel up feel up
These Judges need to wheel up wheel up
The whole Country is crying
Yet the Justice system not trying
They making it easy
For them fellas who dirty and sleazy
They say if I touch that one there
I will be out by Monday
I can pull down the little one panty
Because the Judge well good with my Aunty
Although I nasty and filthy
Is 1/3 off for me pleading guilty
Plus the Government making it clear
That they really and truly don’t care
So I can touch one here and touch one there
And know that I ain’t going nowhere
Politicians doing it too
And getting Judicial review
So why can’t I take a try
On that child that acting so shy
I hear some people calling the radio
Saying if is my child what I would do
But all they doing is talking
And a little marching and walking
Because their Government always stalling
While the Country divided and falling
I’m not fighting for red, blue or green
I’m just checking my own little scene
From six…
…years old to fifteen
(Anyone who wants to can add to this new LabourOfLove hit)
Baby
Labour of Love please contact the NGO Coalition for the Protection of Children through Facebook https://www.facebook.com/NGOCoalition so we can ask you for permission to use your creative work.
I am dismayed that justice has not been seen to be done, for two reasons. Firstly the court proceedings took an obscene six years in spite of a guilty plea. Secondly there is inadequate sytem of public assistance for families with disabled children and so the judge felt compelled to suspend the proper custodial sentence. I understand why he did it, but the message is wrong . This sort of Indecent assault on a child should result in a custodial sentence.
What he did was wrong he should be penaliized for what he did.. I no man did this to my little girl i would disfigure him
This one is a real scandal. To do such a thing with an 8 year-old and bold enough in her mother’s home while she was at home?
I suppose the mother did not consider counseling her daughter to avoid such a situation. It could have been done in a discreet manner by simply informing her daughter that at no time should she ever enter his room. Now the mother knows to hopefully counsel her daughter and for the future.
Once the Judge has decided on this case, there is nothing anyone can do except if the mother wishes to appeal. It appears she will not do so.
Beware, sometime he may try this on his own daughter.
Face the Facts counsel her daughter? Really? An eight year old. Why are we always blaming the victim. She was an eight year old in the presence of an adult that she trusted. What counselling is needed? SMH
A victim this young would not be counselled because she was guilty. We are not dealing here with guilt in the victim unless it is false guilt.
Professional counselling should be provided for sexual assault victims of any age basically for two reasons.
(1) To relieve emotional trauma. This might include false guilt (blaming herself (himself), but there are also other negative emotions to be addressed. Emotional trauma can cause a disruption of the regular sleep pattern, learning difficulty at school, an eating disorder, and other things.
(2) To avoid problems that may arise later in life in a child or young person because of the assault. This could include difficulty in forming a stable legitimate relationship, or becoming an
abuser.
Family members and friends can be helpful. But a trained counsellor is best equipped to care for the victims of sexual assault.
Sincerely, Rev. Donald Hill. Evangelist.
Sincerely, Rev. Donald Hill. Evangelist.
You are absolutely correct.
Some commentators write such foolishness.
You made a good point!
This woman should not have had that man even in her home. He was that kind of man and obviously she was that kind of woman. They found each other. Just a shame the child had to get caught in the middle and be a victim of this illicit affair.
Imagine the mother “counseling” her daughter!
Sincerely, Rev. Donald Hill. Evangelist. (Pastoral Counselor Certificate)
I also listened to that so called reporter Carlisle going on and on about this case on Matt’s programme and he too painted the offender as a deserving case for leniency. Man, he put himself in that predicament after he committed his crime! He is is not the victim, the child is!
If he can not provide for his own child, which he made after misusing the little girl, let social services do, their work and take care of it. You think in America or England they do not send criminals to jail because they can not feed their children when they are inside? This is stupid and no punishment at all.
Talk about double standard here.You mean
all the preaching they talking about child
abuse in this country, he gets a slap on the wrist.
No no no….what am I reading here? Did this article say just got a minute??? He has children, a daughter too at that. His circumstances are unfortunate but what of the victim? Was he not thinking of his circumstances when he did molested the child. This leniency has to stop!! Please dear father cover your children because the law sure as heck isn’t.
Poverty is not a good excuse for crime. “This dire situation” should result in….. PUBLIC ASSISTANCE for prisoners families, not leaving the abuser home to pay the bills. Saying you are sorry does not restore a child’s innocence. Children introduced to sexual activity are often abused by others over and over. It has taken six years for this to come to court so the child concerned is now 14. We need the laws changed so that we can video the child’s statement and this be admissable evidence. This man is guilty, please note his name as having a proclivity for prepubescent children. Please hurry up and hear the arguments for the Sexual Offences Act ammendments in the House. This is not “Tough on abuse”.
So he put financial reason before an innocent child. She has been victimized twice. Way to go Dominica law!!
What kind of law is that it’s for one type in the country
Boy My Dominica and its justice system is a clown factor..You mean a 32 year old man have no brain to think that if he wants sex that this person in his room is a little girl?This is not acceptable at all ,such a light sentence will not help to curb sexual crimes in Dominica or any where else..What is this government doing to protect the vulnerable people in Dominica?Next election Skerrit and Company must go.
Are you a complete idiot? Did you read that Skerrit or the Government were in court? Do you not realise that it is the very same Sexual Offences Act under which the Court recently handed down some very heavy sentences? The simple fact is that it is the Court/Judge that passed sentence here not Skerrit nor the Government…
No he is not a complete idiot. For over fifteen years this so called government has boasted of it’s love for its citizen. Well then surely of you “love” your citizens certain things like Child Sexual Abuse should take precedence. One day you people will awake from slumber and see beyond political colors. Just because you support a party does not mean you cannot admonish them. Sadly this government has failed the young people in Dominica by not seeing the urgency to change the laws of the land to help protect those who can protect themselves and we see nothing wrong with that. Something is definitely wrong with some of us.
You are the complete idiot it is your Skerrit and company ruling the country ,if they can attack constantly a political opponent leader over and over like it is a hobby for them they should have put down their feet to change the laws so that a serious or no lenient sentences should be given to criminals in order to make others think twice so that the rate of speed that sexual assaults are taking place in Dominica to go down as fast at it went up.The day a member of your family will be raped or sexually assaulted you will not see that any one is an idiot like you.
Honestly I can not comprehend the judical system in our beloved country. Do the judges have children?
Are you telling me that at age 26, when this crime was committed on an eight year old child this man did not know then that it was WRONG?
The recent sentences that I see being meted out by the judges really irk me.
No matter what the situation is, a child is a child. Send a clear message to the perpetrators that such behaviour is intolerable.
The social inquiry report states that “he is a protective father.” Is that the sugar coating. What protective father would do such an act to a minor?
We as parents need to take a firm stand and let our children be children. We need to raise our voices, walk the streets in serious protest. Talk to our children, listen to them when they can tell us what is being done to them.
Children do not lie, do not doubt them, follow up on the complaint and take the necessary action. No hush money, no bribe.
It is a fact that children rarely lie about such things. I mean they do not often make up stories about being abused.
On the contrary they find it difficult to tell about being abused. So much so many cases go unreported.
There are multiple reasons for this.
(a) They are afraid of being blamed.
(b) They are afraid of not being believed.
(c) They are afraid of having their activities restricted. Cowardly parents take the easy way out by telling the kid to simply keep away from that person, or just don’t go there any more, etc.
(d) They may have been threatened, or they may be afraid of revenge if they told anybody.
Say little. Listen carefully. Do NOT give the child any reason to think you don’t believe the story regardless of WHO the attacker was.
Go to the police immediately.
Sincerely, Rev. Donald Hill. Evangelist.
This is outrageous! There should be no leniency. T. The State needs to assist the mother until better can be done, this should be no excuse to release this … among our children. I am furious!
Absolutely!
The mother should be herself questioned. Was she in any way a party to the wrong doing? To what extent was she dependent upon the man? Did this have any bearing on her allowing this to happen? Get the facts out in the open and deal with them accordingly.
The system should care for the woman and the kids so the man can be put away for as long as it takes.
He should not be allowed in that home again while they are there. The odds are in favor of him re-offending, and this is a scientific statement. It is the way it happens.
Sincerely, Rev. Donald Hill. Evangelist. (Pastoral Counselor Certificate)
That is pure “bull “.
Let me go out on a quest for a second…”what is wrong with that precedence that is being set by the judges” so anyone can assault a child plead guilty and shed some crocodile tears and get a slap on the wrist?…what if that mother did not step in at the time she did, what do you think was going to happen to this poor child. And the girlfriend that is staying with this just for financial gain should be called out by all women…now let me ask a dumb question, where is the father of this poor child that was assaulted?…God help any man that even think he can assault any of my kids and wake up to see the sun shining…Enough is enough. we are suppose to protect the innocent.
This place is sickening now. I think that people should start taking the laws into their hands in cases like that. You knw vigilante justice because you can’t get justice for the innocent children here. Time to execute a pedophile in the public so that others will learn. Just find out who they are and eradicate them out off society permanently
This one is gonna go down in the history books of “incompetent judiciary systems”