Man awaits sentencing after admitting to rape

One man will wait until February 18, 2010 to learn his fate after pleading  guilty to the rape of a 19-year-old woman in September 2008.

The 25-year-old man  was initially due to stand trial today on the indictments of rape, indecent assault and buggery,  but he decided to change his plea from not guilty to guilty.

The charges of indecent assault and buggery were dropped.  High Court Judge Justice Birnie Brooks ordered that a social inquiry be done on the accused to be ready by February 12, 2010 prior to his sentencing on February 18, 2010.

According to the facts, presented by the Director of Public Prosecution Gene Pestaina, at about 9 p.m. on 27 September, 2008, the complainant boarded a bus on which the accused man was also a passenger.

The accused and the complainant got off the bus at the same time and the complainant declined his offer to accompany her home.

According to the prosecutor, the accused began touching the complainant on her stomach when they arrived near a ravine close to the roadside.

Though she resisted, the complainant held on to her.  He then told her to unbutton her pant and if she does not do it, he would do something to her.

“According to the complainant, she felt scared and was trembling. Her exact words, ‘He held me by my stomach and lifted me up. He started kissing me. He lifted me up very high. My feet trembled. He said let him take out his belt. He pulled down his pants. By that time he put me to stand again. Then he lift my legs up. He lift up my leg. Then he told me open up, open up. I was afraid,’” the prosecutor told the court.

“I had to open up my legs. He lift up my legs one at a time. I fell to the ground, he lifted me up, opened my legs, pushed his penis in my vagina for a few seconds and he discharged in me. The accused pushed me in the ravine. He pulled down my panties. I was scared. He pushed his penis at the front of my vagina…. He said my parents would never find him because he is going to Antigua and not coming back,” Pestaina said.

According to the prosecutor, the accused blocked the complainant’s mouth when a vehicle passed by and then told the complainant to go. She then went home and told her mother who made a report to the police.

The prosecutor stated that  a doctor’s report following the incident proved that the victim had bruises on the wall of her vagina.

During an interview with the police on October 1, 2008, the accused denied the accusation of rape stating that the complainant had engaged in sexual intercourse with him voluntarily. He later admitted on October 2, 2008, that he had raped the complainant.

“I did not push her right in the ravine, but I had sex with her. She did not agree for me to have sex with her but I did… I know I did something wrong, I feeling really bad, I am really sorry….” he said.

According to the court, the defendant has no previous convictions.

Justice Brooks ordered that the uncle and aunt of the accused uncle and the family of the victim be present at court during the hearing on February 18. She also ordered the accused man to present an apology to both his family and the complainant’s family at that hearing.

The accused was represented by Attorney-at-Law Dawn-Yearwood Stewart.

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27 Comments

  1. dominican(tortola)
    February 3, 2010

    CASTRATE THE BULL…….LET HIM GO ON LIVING WITHOUT HIS TOOL LIKE THT MAN THT USED TO OR STILL WLKING ROSEAU………..I FORGET HIS NAME……… HE NEEDS TO BE CASTRATED LET HIM LEARN A LESSON.

  2. nectar
    February 3, 2010

    Whatever u say LAPLEE. But I will say again. I PUTTING HIM SIX FEET UNDERGROUND………………………. I will deal with the consequences afterwards.

  3. SAYWUT?
    February 2, 2010

    THE YOUNG LADY SHOULD HAVE HAD AIDS LIKE A CHICK I KNOW IN NEW YORK. A GUY COME TO RAPE HER NO CONDOMS NOTHING , SHE STAY AND TAKE IT AND WHEN HE DONE HAND HIM DOWN HIS DEATH SENTENCE SAYING “SOON WE’LL BOTH BE SIX FEET UNDER”. SHE HAD AIDS. WHY RAPE WOMEN? i JUST DONT GET IT. AND WHAT IF SHE GOT PREGNANT. APPARENTLY THIS MOFO WAS NOT THINKING STRAIGHT AT ALL. JUDGE WHAT TIME IS IT ON YOUR WATCH? THE JUDGE SAYS “ITS 20 TO 12” THAT’S HOW MUCH YEARS HIS A** SHOULD GET.

  4. YOFRA
    February 2, 2010

    NASTY PIG…CASTRATE THAT ANIMAL

  5. d/can in j/a
    February 2, 2010

    should have just used his hands. guess he was fed up of dat.

    “pushed his penis in my vagina for a few seconds and he discharged in me” = EPIC FAIL

  6. CHAMER
    February 2, 2010

    i want to no what apologie this man can offer to the young lady ? will that erase the evil he has done to that young woman? …. is as though she felling sorry for the rapis and no for the young woman who has to live with the fact that this man rape her a thing which can affect a woman for the rest of her life.men like that should be castrated or even have there tool removed so they will see women and run. i do hope that he will get at least a 30yrs hard labour so he can have time to think of his actions. but since 2008 why its only now this case calling? put theses man behind bars for a long time so others will think twice.the young woman was 19 then so the jail time should be 19x 3

  7. contributor
    February 2, 2010

    my contribution is that when the bus driver realized the accused had gone down the bus with the victim, the bus driver should have reversed the bus and offered to drop the young lady home. when he went got off the bus, one of the passengers warned him that if anything happens to the young lady she would not hesitate to tell the police he is responsible. people in the village knows his “bad ways.” the bus driver had a responsibility when he realized the guy had gotten off the bus with the girl.

  8. Laplee
    February 2, 2010

    O.K. nectar, you feeding seekiyay and foo foo and they like you, but remember that one spray of gramoxone will send you SIX FEET under too….(meaning that you may/could be executed if you’re found guilty of the premeditated murder OF A RAPIST!!!!…is that what you want?)…don’t entertain these negative thoughts…”revenge is mine”…sayeth the Lord….meditate on that instead…Peace.

  9. nectar
    February 2, 2010

    SIX FEET DEEP

  10. nectar
    February 2, 2010

    One ting i know , D man that Rape my Sister or my Mother or my Daughter, I Outing his Lamp. and then I going Storkie and Burn whatever Jail time they give me! I doh waiting on no court for justice, I puting you Six feet deep Straight!

  11. BELZBOB
    February 2, 2010

    There are some things you can take from someone and they will miss it. Then you can apologize and either return or replace such things, but there are some things that when they are taken from you that can’t be returned, replaced or forgotten. I think for these types of injustice the punishment should fit the crime. He should be castrated. Can you imagine after 3 to 5 or let’s say 7 years in jail where this guy has not had a woman what he’s gonna do when he gets out? Or even worst yet, if he does get a woman to consent to having sex with him, what if he has a daughter of his own? That’s just scary.

  12. D/can to the bone
    February 2, 2010

    the LAW MUST COME DOWN VERY HARD IN CASES LIKE THIS ON THE ACCUSED.The YOUNG LADY NEEDS COUNCIL LING I HOPE SHE IS REFERRED TO THE APPROPRIATE BODY .

  13. CI
    February 1, 2010

    VERY SAD NEWS ……………..BUT TOO MUCH INFORMATION

  14. d/can for life
    February 1, 2010

    all them guys who in their comments say they can never rape a woman,might have done so several times based on the law.even if a woman consents to having sex with a guy he could end up on rape charges if he pushes on time more after she ask him to stop.now honestly how many guys commenting on here gonna say they haven’t been in such a situation?if you have then under dominican laws you have raped.now with that said i think there should be a mandatory sentence for such offences.40 years behind bars then he can be some guyin prison girlfriend.

  15. Karkabeff
    February 1, 2010

    Laplee…let it rain, let it rain, let it rain. I humbly respect your opinion but I am just so tired of all those enviole running the streets that I will not hesitate to say castration is the answer. Further, I make no apologies to say to the world that if anybody rape a member of my family or my nenen, oh lord have morcy because is murder she wrote. That is just too painful for the victim physically and emotionally.

  16. February 1, 2010

    Isnt that something, what is Dominica coming to its a damn shame,

  17. Laplee
    February 1, 2010

    @ Mike and Karkabeff…it’s maybe o.k. to have these thoughts, but to print them where the world reads….???…is not too good for DA’s general image. I more vex than all of you, but we should exercise a little more discretion before writing things like “murder she wrote”…..I know where you guys coming from (mentally), but just check my side too. Peace.

  18. WOW
    February 1, 2010

    I agree with all what has said and even more so with Karkabeff , Wesleyman and Mike. We don’t want to resort to violence but I would do the time after I deal with him accordingly. I would not get much jail time, I am sure.

  19. mike
    February 1, 2010

    give me 5 minutes with him a sharp razor bland some pain killers and a needle and thread and u doh hve o spend tax payers money sending him jail

  20. wesleyman
    February 1, 2010

    There was a case like that in st. croix some years ago, and a couple days later they found the rapist dead, with his penis stuck in his mouth. Not to promote violence, but a message has to be sent.

  21. Lester
    February 1, 2010

    Well according to law, he is only liable to 5 years’ upon conviction (correct me if need be). Given the fact that he had changed his plea from not guilty to GUILTY, prior to the actual trial, it means that he had opted not to waste the court’s time and resources. Another aspect that is going to be looked at, is the fact that he was unknown by the police prior to that incident for which he had been charged. With that said, this young man id only going to spend three years behind bars.

  22. February 1, 2010

    Me being a man could never bring myself to rape no woman, NEVER!!! What this young lady went through was a real horrible experience done by this animal. Any man that can’t get woman should go and pay dem spanish or local nasty girls for sex not rape innocent girls. Go check dem prostitutes cause they could use the cash…

    I want to see this animal of a man get at least 25 years without the possibility of parole before 20 years!!!

  23. CaCa Chien
    February 1, 2010

    this country has so much Spanish
    why didn’t he take his swearffness elsewhere

  24. Karkabeff
    February 1, 2010

    My blade and saltwater is ready for the castration. Just like a pig I will remove his gwens from the sack and give it to dogs to eat. I will rub salt as a disinfectant. Then, 50 years behind bars in solitary confinement. I just don’t understand why men rape women. He can thank his lucky starts its no my mother, grand mother, nenen, sister wife or child. Because it would have been murder she wrote.

  25. February 1, 2010

    Let me ask…do the rape victims and accused get tested for AIDS!!! seriously….he could have given her aids/// he discharged didn’t he!!

  26. Thoughtful
    February 1, 2010

    Very sad when a man have to violate a woman in such a manner. This woman is going traumatized for the rest of her life while that animal is going to sit in prison and get three meals a day at tax payers expense.

    I am a man and I feel so disgusted and ashamed that another man like me could do this to a woman. We should be protecting women, for crying out loud, not raping them.

  27. steve
    February 1, 2010

    20 years

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