Marcus Samuel, who pleaded guilty to unlawful sexual connection in January 2012, has received a two-year jail sentence by high court Judge Errol Thomas.
According to the facts as presented by State attorney in the office of the Director of Public Prosecutions (DPP) Fernillia Felix, the Virtual Complainant (VC) was 12 years old at the time of the incident. She knew the accused for seven years as she was friends with his sister and normally visited the home to spend time with her.
On January 6th, 2012 at about 12.30 pm the VC was at the home of the accused playing video games along with other friends including the sister of the accused.
The VC along with Samuel’s sister decided that they were going to shower. Samuel told his sister that he wanted to use the shower before the VC. The VC then went into the bedroom to remove her clothes, locking the door in the process.
The accused then knocked the door and told the VC that he had forgotten his phone in the room and that she should open the door for him to retrieve it. He was told to wait since the VC was undressing, but he indicated that he was waiting on an important call.
The VC opened the door for him to retrieve the phone and Samuel asked her to get it for him, which she did.
But then Samuel locked the door, asking the VC for a kiss in the process. She refused, saying that she had a boyfriend.
He then said that said that if she gave him the kiss, he would open the door. He got his kiss and Samuel then unlocked the door.
The VC went to take her shower and went back to the room wrapped in a towel. The accused was not in the room
However, while the VC was in the room, he appeared, locked the door and ask for oral sex, which was refused.
Samuel then told the VC that if she did not meet his demands, he would tell her adopted mother that she had a boyfriend.
The VC eventually gave in to the Samuel’s demands.
The incident was reported to the VC’s adopted mother who reported the matter to the police resulting in the arrest of Samuel.
In mitigation his lawyer, Glen Ducreay, asked the court for a none custodial sentence since his client was a first time offender and had pleaded guilty very early in the matter.
“He has expressed remorse for his actions, he is a good young man and knows what he did was wrong, he is not blaming the society but he is asking for a second chance for his mistake,” Ducreay said.
Before sentencing, the Judge said Samuel used his “tricks” to get to the room for his objectives.
He said that there is a prevalence of sex offences against minors and young children in Dominica which needs urgent attention.