High Court Judge Victoria Charles-Clarke has slapped Gary Jno Finn, 33, from the east coast of Dominica to 10 years in jail for sexually abusing a 13-year-old girl, the niece of his girlfriend.

Jno Finn pleaded guilty to the charge of unlawful sexual intercourse with the minor, aged 13 years 7 months, in contravention of the Sexual Offences Act between December 2012 and March 2013.

Justice Charles-Clarke stated that she found the “aggravating factors far outweighed the mitigating factors.”

“You breached her trust, you repeated the offense more than once and as a result she was subjected to teasing by her school friends and her school grades were affected,” the Judge told Jno Finn. “You took advantage of a very young girl…you had a relationship with her sister and you felt that that was not enough for you, you sexually abused her, I hope your time spent incarcerated will make you a better person.”

The offense carries a maximum of 25 years in jail.

Justice Charles-Clarke placed the starting point of her sentence at 12 years and given his guilty plea, which give him 1/3 discount, the sentence was brought to nine years. She then added one more year for the aggravating factors which she said she was empowered to do if she so wished by law.

Mitigation

Jno Finn’s lawyer, Wayne Nord,e told the court that his client had pleaded guilty and not wasted the court’s time and was very remorseful for his actions.

“He is very remorseful, he is at the prime of his youth, has no previous convictions and the incident is viewed as out of character by members of the community,” Norde said.

However, the social inquiry report said that the child was “teased at school” and had to be transferred to another school because of the incident.
It also said there was a breach of trust since he was part of the family. “She trusted him like a brother, she suffered physically bleeding vagina, and she had daily reminders of it and wanted to commit suicide and had to be counseled,” the report stated.

It also said that one family member viewed him as “very helpful” and did not want him to get a “custodial sentence” and the entire community expressed “shock” at the incident.

The Facts

At the time of the incident, Jno Finn was the boyfriend of the girl’s older sister and they have twin daughters. He lived about 15 feet away from where the family of the child lived and would regularly visit the home.

In the afternoon of January 2013, after school, the child was in her bedroom reviewing her school work when Jno Finn entered her room asking for rubbing alcohol. He returned later to watch TV and entered her room and started touching and kissing her. She asked him to stop but he did not. He then placed her in a lying position held her hands down and proceeded to sexually abuse her. All through she kept telling him to stop. The ordeal lasted for about 15 minutes.

She started bleeding, with blood was running down her legs. During the incident, Jno Finn’s children were outside the house playing. He then left the room and the child went to bathe.

In February 2013, the child told her adopted sister and sister that Jno Finn had tried to have sex with her. He was confronted and he apologized.

However, he sexually abused her twice, in February and March 2013.

In April after observing her demeanor, the child’s mother took her to be medically examined. Based on the results, the matter was referred to the police and Jno Finn was arrested and later charged.